R v Bates [2024] NSWDC 291

District Court New South Wales

Medium Neutral Citation: R v Bates [2024] NSWDC 291 Hearing dates: 24 May 2024 Decision date: 30 May 2024 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: (1) Count 1: term of imprisonment of 5 years 8 months, with a non-parole period of 3 years 6 months. (2) Count 2: term of imprisonment of 5 years 6 months, with a non-parole period of 3 years 4 months. (3) Aggregate term of imprisonment of 7 years, with a non-parole period of 4 years 3 months. (4) The sentence commences on 9 February 2023 and expires on 8 February 2030. The offender is first eligible for release to parole on 8 May 2027. Catchwords: CRIME — Sexual offences — Sexual assault — Consent Legislation Cited: Crimes Act 1900 (NSW), s 61I. Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, 21A(2), 21A(3). Cases Cited: DPP v De La Rosa [2010] NSWCCA 194. Fisher v R; R v Fisher [2021] NSWCCA 91 at [89]. R v Cranston [2023] NSWSC 1004 at [3]. Category: Sentence Parties: Director for Public Prosecutions (NSW) (Crown) Shane Bates (Offender) Representation: Counsel: J Smith (NSW) (Crown) C Wong (Sir Owen Dixon Chambers)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) APG Law (Defence) File Number(s): 2021/00176702 Publication restriction: Pursuant to s 578A Crimes Act 1900 (NSW), there is to be no publication of any matter that identifies or is likely to lead to the identification of the victim in this matter.