R v Philip Ronald SPIERS [2007] NSWDC 218

New South Wales District Court

CITATION: R v Philip Ronald SPIERS [2007] NSWDC 218

HEARING DATE(S): 29 October 2007

JUDGMENT DATE: 31 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [55] [56] [57] & [58]

CATCHWORDS: Criminal Law - Sentence - Kidnapping - Cause injury to victim - Substantial harm - Unlawfully administer stupefying drug with intent - Aggravated sexual assault

LEGISLATION CITED: Crimes Act Evidence Act

CASES CITED: R v Rowe (1996) 89 A Crim R 467 R v Collett unreported NSWCCA 7.6.1979

PARTIES: Crown Philip Ronald Spiers

FILE NUMBER(S): 06/31/0417

COUNSEL: H. Wilson (Crown) P Rosser QC (Offender)

SOLICITORS: NSW DPP Greg Murray

SENTENCE

1 In any civilised society women must be able to go about their daily business free from the risk that they will be kidnapped and violated by a man intent on having sex with them. Many women, like the complainant in this case, are unable to fight back against a stronger man who has planned and prepared his crime well. What makes crimes such as those I am about to describe particularly frightening is that, realistically, there is nothing that a woman can do to avoid it, short of never being in public alone, a clearly unrealistic alternative.

2 One thing which can be done however is for the Courts to react appropriately to offences of this kind, not only to deter others who might be tempted to give in to their lustful desires by dragging a woman off the street and raping her, but also to mark in a very concrete way the right of women to be free to live their lives in safety.

3 What happened to a young woman I will call Ms S happened a long time ago but I have no doubt that the offences have had, and will continue to have, an enormous impact on her life.