R v Robert Keith King [2007] NSWDC 306

New South Wales District Court

CITATION: R v Robert Keith King [2007] NSWDC 306

HEARING DATE(S): 16/07/07, 25/07/07, 08/08/07

JUDGMENT DATE: 8 August 2007

EX TEMPORE JUDGMENT DATE : 28 February 2008

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: The offender is sentenced to a term of imprisonment by way of non-parole period of 4 years and 3 months. That will commence on 01/03/2006 and will expire on 30/05/2010. The balance of the sentence is 1 year and 7 months. The expiration date of that sentence will be 30/12/2012.

CATCHWORDS: Criminal law - Sentence - sexual assault without consent

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Way [2004] NSWCCA 131 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Ibbs v The Queen (1987) 163 CLR 447 Thomson and Houlton [2000] NSWCCA 309

PARTIES: Regina Robert Keith King

FILE NUMBER(S): 06/51/0134

COUNSEL: Ms Bailey - Crown Ms Cusack - Offender

SENTENCE

1 HIS HONOUR: The sentence I propose to impose on you is a sentence of five years and ten months imprisonment which will comprise a non-parole period of four years and three months which will commence on 1 March 2006 and expire on 30 May 2010 and a balance of sentence which will be one year and seven months. In fixing that non-parole period I have taken into account the six months that you got for the larceny.

2 Robert Keith Matthew King appears today for sentence in relation to an offence to which he pleaded guilty at the Lismore District Court on 16 July 2007. The offence alleges that he on 1 September 2005 at Ballina in the State of New South Wales did have sexual intercourse with SF without the consent of that woman knowing that she was not consenting. The name of the victim of this offence is not for publication. This plea of guilty was accepted by the Crown in discharge of an indictment alleging in addition a further count of sexual intercourse without consent. The plea of guilty is to an offence brought pursuant to s 61I Crimes Act 1900. The Crimes (Sentencing Procedure) Act at Div 1(A) of P 4 provides that the standard non-parole period for an offence brought pursuant to s 61I Crimes Act 1900 shall be seven years. The Court of Criminal Appeal in the decision of Way held, as had subsequent decisions, that consideration of the matters that arise in relation to that Division concerning relevant offences only is to be had when sentencing occurs after trial. As this prisoner pleaded guilty to the relevant offence I do not have to make the analysis that is required under that Division but I note, as the Court of Criminal Appeal said in the decision of Way, that the standard non-parole period still remains as a guide post or an indication or a general guide as to the seriousness in which these offences or offences of this type are to be viewed, albeit that I am not required to consider the fixing of a standard non-parole period in accordance with the relevant Division.