R v Carlos Robinson [2007] NSWDC 119

New South Wales District Court

CITATION: R v Carlos Robinson [2007] NSWDC 119

JUDGMENT DATE: 30 March 2007

EX TEMPORE JUDGMENT DATE : 13 September 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted ; NPP – 2 ½ years date 30/3/07 expire 29/9/09; Balance of term - 2 years expire 29/9/2011

CATCHWORDS: Criminal Law - sentencing - after trial - s61I Crimes Act 1900 - sexual intercourse without consent - nature of criminality - standard non parole period - guidelines in assessing mid-range of seriousness - imprisonment - consequence to third party.

LEGISLATION CITED: Crimes (SP) Act

Gladue v The Queen [1999] 1 SCR 688 at [80]. R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] 1NSWLR 594 R v Hayes [1984] 1 NSWLR 740) CASES CITED: R v Gebrail unreported NSWCCA 18/Nov 1994 R v Hartikainen unreported NSWCCA 8 June 1993 R v Pay [1999] NSWCCA 40 at [7] R v AJP [2004] NSWCCA 434 R v Wirth (1976) 14 SASR 291 at 295-96

PARTIES: Regina Carlos Robinson

FILE NUMBER(S): 06/21/0195

COUNSEL: Crown: C. Patrick Accused: S Ocampo

SENTENCE 1 On 18 June 2005, three businessmen and a businesswoman sat down at a Korean restaurant in Strathfield for what was to be a convivial social connection as each sought to network and consolidate their contacts within the tourist industry. Carlos Robinson was at the dinner. He had not previously met the petite and attractive woman. The males were all Korean, she was Japanese.

2 Alcohol flowed freely, perhaps too freely among them. Well into the night, the female feeling as though she may be ill, made her way to the toilet lest she be sick in front of the men. Of the two toilets, the lady's toilet was occupied. She opened the door to the men's toilet, it was empty. She made her way inside. Within two or three minutes, Carlos Robinson made his way to the toilet. He too was well affected by alcohol. Whilst in the toilet, something happened.