R v Bullaman [2022] NSWDC 588

District Court New South Wales

Medium Neutral Citation: R v Bullaman [2022] NSWDC 588 Hearing dates: 17 November 2022 Date of orders: 25 November 2022 Decision date: 25 November 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [66]. Catchwords: CRIME – sentence – sexual intercourse without consent and knowing no consent given – s166 offence – carry cutting weapon upon apprehension Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Fisher v R; R v Fisher [2021] NSWCCA 91 Jonson v R (2016) 263 A Crim R 268; [2016] NSWCCA 286 R v Carter [2003] NSWCCA 243 Veen v R [No. 2] (1998) 164 CLR 465; [1998] HCA 14 Category: Sentence Parties: Director of Public Prosecutions (Crown) Duncan Andrew Bullaman (Offender) Representation: Counsel: K. Hogan (Crown) T. Ramrakha (Offender)

Solicitors: S. Doi (ODPP) S. Knowles (Legal Aid) File Number(s): 2021/00050384 Publication restriction: Section 578A of the Crimes Act 1900 prohibits publication of any matter which identifies the complainant or any matter which is likely to identify the complainant in the proceedings.

remarks on sentence 1. On 18 August 2022 the offender was arraigned on the following two counts on an Indictment: 1. On or about 22 February 2021, in [R] in the State of New South Wales, did have sexual intercourse with [PW] without her consent and knowing that [PW] had not consented to the sexual intercourse. 2. On or about 22 February 2021, at [R] in the State of New South Wales, did intimidate [PW] with the intention of causing the said [PW] to fear physical harm. 1. The offender pleaded not guilty to both counts. 2. On 29 August 2022 the jury delivered a verdict of Guilty on Count 1 and Not Guilty on Count 2. The offender is therefore to be sentenced in respect of Count 1, an offence under section 61I of the Crimes Act 1900. The maximum penalty prescribed for the offence is 14 years imprisonment and there is a standard non-parole period of 7 years imprisonment.