R v Murphy [2024] NSWDC 635

District Court New South Wales

Medium Neutral Citation: R v Murphy [2024] NSWDC 635 Hearing dates: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: Sentence of five years imprisonment with a non parole period of three years. see at [92] Catchwords: CRIME – Sentence after trial – historical sexual assault – brazen attack on stranger – DNA evidence – in a public place – intoxicated victim – childhood depravation – special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 DH v R [2022] NSWCCA 200 Ragg v R [2022] NSWCCA 150 R v RE [2023] NSWCCA 184 Category: Sentence Parties: Rex (Crown) Shannon Adrian Murphy (Offender) Representation: Counsel: Mr I Todd (Crown) Ms E Scoufis (Offender)

Solicitors: Ms C Berrigan (Crown) Mr J Janke (Offender) File Number(s): 2022/00302845 Publication restriction: Statutory Non-Publication Order re name of the victim

JUDGMENT 1. Mr Shannon Murphy comes before the Court having been found guilty by me on 6 September 2024 of one offence of sexual intercourse without consent, an offence again s 61I of the Crimes Act 1900 (NSW), which carries a maximum penalty of 14 years in custody and a standard non-parole period of seven years. 2. These maximum sentences demonstrate the seriousness with which the Parliament takes this type of offending. 3. As the offender pleaded not guilty he is not entitled to a discount for the entry of a guilty plea. He has continued to show no remorse for his conduct and continues to maintain he is not guilty.