R v Knight [2023] NSWDC 658

District Court New South Wales

Medium Neutral Citation: R v Knight [2023] NSWDC 658 Hearing dates: 21/8/23-25/8/23, 1/12/23 Date of orders: 1/12/23 Decision date: 01 December 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a term of imprisonment of 3 years with NPP of 16 months (23/8/23-22/12/24). Catchwords: Crime – Sentence – Sexual intercourse without consent Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Jonson v R (2016) 263 A Crim R 268 Kelly v R [2022] NSWCCA 189 R v Daley [2010] NSWCCA 223 R v Edwards (1996) 90 A Crim R 510 R v Gavel [2014] NSWCCA 56 Simpson v R [2014] NSWCCA 23 Category: Sentence Parties: NSW DPP – Crown Trever Knight - Offender Representation: Mr K Fitzgerald for Crown Mr P Nematalla for Accused File Number(s): 22/19188 Publication restriction: Statutory non-publication order in relation to the identity of the victim or anything which might lead to her identification

remarks on sentence 1. The offender Mr Trever Knight is for sentence in relation to a single offence of sexual intercourse without consent, under s 61I of the Crimes Act 1900. The maximum penalty for that offence is 14 years imprisonment and Parliament has specified a standard non-parole period of seven years. I have taken into account the maximum penalty and the standard non-parole period as guides or yard sticks in the sentencing exercise. The offender pleaded not guilty and was tried by a jury. However, the jury found him guilty in August this year at the conclusion of that trial.