R v Sela Ratu QORO [2007] NSWDC 107

New South Wales District Court

CITATION: R v Sela Ratu QORO [2007] NSWDC 107

HEARING DATE(S): 28 August 2006 -14 September2006 - Trial 17 November 2006, 9th February 2007, 2nd March 2007, 27th April 2007 - Sentence

JUDGMENT DATE: 27 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [31]

CATCHWORDS: Criminal law - Sentence - Aggravated sexual assault - Deprivation of liberty - Joint criminal enterprise

PARTIES: Crown Sela Ratu Qoro

FILE NUMBER(S): 06/11/0214

P. Adey (Crown) COUNSEL: A. Betts (Offender) Trial G. Brady (Offender) Sentence Hearing

SOLICITORS: NSW DPP Brenda Duchen

SENTENCE

1 HIS HONOUR: Sela Ratu Qoro appears for sentence today after having being found guilty by a jury of one of the most serious offences known to the criminal law. He was charged that whilst in the company of other male persons he had sexual intercourse with the complainant without her consent, knowing that she was not consenting thereto, and deprived her of liberty for a period before that offence was committed. The maximum penalty for that offence is life imprisonment and it carries a standard non-parole period of fifteen years. That is a very good indication of the seriousness with which parliament and of course the community regards offences of the type I am about to describe.

2 I should mention at this stage of my remarks on sentence that there is currently in progress a trial of a person who the crown says was a co-offender with Mr Qoro. There should, of course, be nothing published concerning the present proceedings or these remarks on sentence which would prejudice the accused in that trial.