R v Nathan Sellers [2024] NSWDC 524

District Court New South Wales

Medium Neutral Citation: R v Nathan Sellers [2024] NSWDC 524 Hearing dates: 4 October 2024 Decision date: 11 October 2024 Jurisdiction: Criminal Before: Wass SC DCJ Decision: See [43] – [45] Catchwords: CRIME – Sentencing – Sexual intercourse without consent – Reckless as to whether victim consented – Eloquent expression of harm Legislation Cited: Crimes Act 1900 (NSW) Category: Principal judgment Parties: Rex (Crown) Nathan Sellers (Defendant) Representation: Counsel: C. Hodgemen (Crown) S. Rostron (Defendant)

Solicitors: Office of the Director of Public Prosecutions (Crown) Drinkwater Criminal and Family Lawyers (Defendant) File Number(s): 2023/328057 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW), there is to be no publication of any matter which identifies the complainant.

JUDGMENT

Offence 1. Mr Nathan Sellers faces sentence for an offence of sexual intercourse with AH without her consent and reckless as to whether or not she was consenting pursuant to s 61I of the Crimes Act 1900 (NSW). That offence carries a maximum penalty of fourteen years imprisonment with a standard non-parole period of seven years. 2. The penalty and the standard non-parole period serve as valuable legislative guideposts in the sentencing exercise.

Material 1. I have had regard to the following materials tendered on sentence: 1. The Crown sentence bundle; 2. The forensic psychological report from Ms Hare; 3. The letter from Ms Yarnold; and 4. The letter from Ms Bergun. 1. I have watched the CCTV footage which formed part of the agreed facts showing Mr Sellers and AH immediately before and after the offending and AH's advanced state of intoxication. 2. I have had regard to the victim impact statement of AH delivered in court. 3. I have been assisted by the oral and written submissions provided by both parties, for which I am grateful.