R v Medlin [2024] NSWDC 639

District Court New South Wales

Medium Neutral Citation: R v Medlin [2024] NSWDC 639 Hearing dates: 26 August 2024 Decision date: 14 November 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Special circumstances found: 1st substantial period of custody, delay in resolution, mental health considerations, the need for an extended period of supervision on parole. Indicative sentences: see attached Schedule. Aggregate sentence: Sentenced to a term of imprisonment of 12 years with a NPP of 8 years commencing on 1 December 2020 and expiring on 30 November 2028 and a balance of term of 4 years commencing on 1 December 2028 and expiring on 30 November 2032. Eligible for release to parole on 30 November 2028. Catchwords: CRIME – Sentence – sexual offending – serious offences of domestic violence against same victim – breaches of ADVO – intentionally choke - sexual intercourse without consent, - multiple threats of physical harm occasioning high levels of fear - ongoing instances of intimidation - fraud, larceny, intentionally damage property by means of fire CRIME – Sentencing - where matter has a convoluted & protracted history - eventual guilty pleas to 5 (non-sexual) offences & conviction at jury trial in respect of 7 offences – mental health issues –eloquence of Victim Impact Statement - seriousness of offences – aggravating factors – totality - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Cases Cited: Bugmy v The Queen [2013] HCA 37 DPP (Cth) v De La Rosa [2010] 79 NSWLR 1 Elias v R [2013] 248 CLR 483 Markarian v R [2005] 228 CLR 357 Pearce v The Queen [1998] HCA 57 Category: Sentence Parties: Regina Medlin, John Francis Representation: Counsel: Defence: Mr A Conwell Solicitors: Crown: Mr S Morrison, Ms E Anderson ODPP Defence: Mr H Husseini File Number(s): 2020/00341214 Publication restriction: NPO in respect of the name of the victim and anything that might tend to identify her.