R v Murray & R v Brazier [2022] NSWDC 597

District Court New South Wales

Medium Neutral Citation: R v Murray & R v Brazier [2022] NSWDC 597 Hearing dates: 17 February 2022; 18 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Criminal Before: Judge R Tupman Decision: Katherine Anne Murray : Taking into account matter on a Form 1, the offender is sentenced to imprisonment for a term of 6 years with a non-parole period of 3 years. Montana Pamela-Anne Brazier: The offender is sentenced to imprisonment for a period of 12 months with a non-parole period of 6 months. Catchwords: CRIMINAL LAW – Sentence – Aggravated sexual assault in company – Victim alleged to have stolen drugs and secreted in body – Offender Murray part of joint criminal enterprise with 2 other women – Attempts to recover stolen drugs by cavity search and forced – Offender Murray not physically present during cavity search or forced self-manipulation - No sexual connotation but nonetheless within definition of sexual intercourse without consent – Co offender concealed knowledge of this serious indictable offence but low objective criminality Legislation Cited: Crimes Act 1900 (NSW), Criminal Procedure Act 1986 (NSW). Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 R v Fernando (1992) 76 A Crim R 58 Qoro v R [2008] NSWCCA 220 Weatherall v R [2013] NSWCCA 282 Category: Sentence Parties: The Crown Katherine Anne Murray Montana Pamela-Anne Brazier Representation: Counsel: Mr J Smith for the Crown Ms S Hall for offender Murray Mr P Kemp for offender Brazier