R v TS [2010] NSWDC 111

New South Wales District Court

CITATION: R v TS [2010] NSWDC 111

JUDGMENT DATE: 28 January 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Aggravated sexual assault- domestic violence related (Charge sequence 1): Sentence minimum term 3 years and 9 months. Balance of term of 3 years, 4 months and 15 days. Aggravated sexual assault- domestic violence related (Charge sequence 12): DECISION: Sentence 4 years minimum term. Balance of term of 3 years and 6 months 6. Intentionally or recklessly damage property by fire/explosive (Charge Sequence 20): Sentence to fixed term of 6 months imprisonment. All sentences to be served concurrently

CATCHWORDS: Criminal Law - Sentence - Aggravated sexual intercourse without consent (x2) Malicious Damage by Fire - 3 further sexual intercourse without consent taken into account on Form 1 - victim ex-partner and mother of his three children - domestic violence offence - separated 3 months - visits victim's home - use of physcohological violence through threats and menace - cutting clothing with scissors - flicking inflamible material upon naken victim - knife to throat - fellatio - penile vaginal intercourse to ejuculation - further fellation (Form 1) further penile vaginal intercouse (x2) (Form 1 - no protection during intercourse - soft tissue injury to body and tenderness to vaginal region -fires lit in rear yard and waste bin in bedroom - effected by alcohol and amphetamines at time of offending - long term poly drug abuser

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

R v Gladue [1999] 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Rushby [1977] NSWLR 597 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 [7] The Attorney General Application under S 37 Crimes (Sentence Procedure Act) 1999 (2004) 61 NSWLR 38 R v Way (2004) 60 NSWLR 168