NSW Caselaw
New South Wales District Court
CITATION: Regina v Kondasinghe Aron Sudath [2007] NSWDC 213 This decision has been amended. Please see the end of the judgment for a list of the amendments.
22-23 & 30 March 2007; HEARING DATE(S): 29 May 2007; 20 July 2007
JUDGMENT DATE: 21 September 2007
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ;
DECISION: Count 1 – Convicted. ; Sentenced N.P.P. 3 years to commence 14 March 2008 expire 13 March 2011.; Balance of term 2 years to expire 13 March 2013; Count 2 - Convicted.; Sentenced N.P.P. 6 months to date from 14 September 2007 expire 13 March 2008.; Balance of term 9 months expire 19 December 2008; MFI 23 – surrendered passport on 30/3/07 @ Parramatta is to be returned to accused.
CATCHWORDS: Criminal Law - Sentence after trial - secual intercourse without consent - anal - assault - domestic violence - standard non parole period - assessing mid range of seriousness for sexual intercourse offences - distinguished medical career - strong support in Sri Lankan community - absence of contrition.
LEGISLATION CITED: s 54A (2) Crime (Sentencing Procedure) Act 1989
R v Gladue [1999] 1 SCR 688 at [80] De Simoni v The Queen ((1972) 126 CLR 576 R v Gebraiel (Unreported) NSW CCA 18 November 1994 CASES CITED: R v Hartikainen, unreported, NSWCCA 8 June 1993 R v Pay [1999] NSW CCA 40 R v O'Grady, unreported, NSWCCA 13 May 1997 R v AGP [2004] NSW CCA 434 at [13] R v Hamid [2006] NSWCCA 302
PARTIES: Regina Kondasinghe Aron Sudath
FILE NUMBER(S): 06/21/0266
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