R v Ayoub [2010] NSWDC 137

New South Wales District Court

CITATION: R v Ayoub [2010] NSWDC 137

HEARING DATE(S): 16, 17, 18, 19, 22, 23, 24 and 25 February, 1 and 2 March, and 30 April 2010

JUDGMENT DATE: 30 April 2010

JURISDICTION: Criminal jurisdiction

JUDGMENT OF: Johnstone DCJ

DECISION: Total sentence of four years and six months imprisonment with an effective non-parole period of three years.

CATCHWORDS: CRIMINAL LAW - sentence following a jury trial - counts of recklessly inflict actual bodily harm with intent to have sexual intercourse, sexual intercourse without consent, and perverting the course of justice

LEGISLATION CITED: Crimes Act 1900: s 61K(a), s 61I and s 319 Crimes (Sentencing Procedure) Act 1999: s 3A

PARTIES: R v Ronnie Ayoub

FILE NUMBER(S): 2009/131156

COUNSEL: Mr E Moberley (Crown Prosecutor) Mr A Conwell of counsel (Offender)

SOLICITORS: Director of Public Prosecutions (Crown) Nyman, Gibson, Stewart Solicitors (Offender)

REMARKS ON SENTENCE

1. The offender, Ronnie Ayoub, is before me for sentence having been found guilty by a jury on 2 March 2010 of four offences namely:

Count 1: Recklessly inflict actual bodily harm with intent to have sexual intercourse. This is an offence under s 61K(a) of the Crimes Act 1900 for which the maximum penalty is twenty years imprisonment. There is no standard non-parole period.

Count 2: Sexual intercourse without consent. This is an offence under s 61I of the Crimes Act 1900 for which the maximum penalty is fourteen years imprisonment. There is a standard non-parole period of seven years.

Counts 3 and 4: Intent to pervert the course of justice. These are offences under s 319 of the Crimes Act 1900 for which the maximum penalty is fourteen years imprisonment. There is no standard non-parole period.