Regina v Phillip Mitchell Boney [2006] NSWDC 85

New South Wales District Court

CITATION: Regina v Phillip Mitchell Boney [2006] NSWDC 85

HEARING DATE(S): 18/08/2006

JUDGMENT DATE: 27 October 2006

JUDGMENT OF: Finnane QC DCJ

DECISION: I sentence the offender as follows:; Count 1 – common assault- I sentence the offender to a non-parole period of 1 year. The non-parole period commences on the 22nd of July 2005 and concludes on the 21st of July 2006. The balance of the sentence commences on the 22nd of July 2006 and concludes on the 21st of July 2007. Count 2- entering a dwelling house, with intent to commit a serious indictable offence, to wit, intimidation, in circumstances of aggravation.- I sentence the offender to a non-parole period of 3 years. The non-parole period commences on the 22nd of July 2005, and concludes on the 21st of July 2008. The balance of the sentence commences on the 22nd of July 2008, and concludes on the 21st of July 2012. Count 3- malicious damage to property.- I sentence the offender to a non-parole period of 6 months. The non-parole period commences on the 22nd of July 2005, and concludes on the 21st of January 2006. The balance of the term commences on the 22nd of January 2006 and concludes on the 21st of July 2006. Count 4- kidnapping.- I sentence the offender to a non-parole period of 6 years. The non-parole period commences on the 22nd of July 2005, and concludes on the 21st of July 2011. The balance of the term commences on the 22nd of July 2011, and concludes on the 21st of July 2014.; Count 5- sexual intercourse without consent.- I sentence the offender to a non-parole period of 7 years. The non-parole period commences on the 22nd of July 2005, and concludes on the 21st of July 2012. The balance of the term commences on the 22nd of July 2012, and concludes on the 21st of July 2015. Count 6- kidnapping in circumstances of aggravation.- I sentence the offender to a non-parole period of 8 years. The non-parole period commences on the 22nd of July 2006 and concludes on the 21st of July 2014. The balance of the term commences on the 22nd of July 2014, and concludes on the 21st of July 2018. Count 7- aggravated sexual intercourse without consent.- I sentence the offender to a non-parole period of 11 years. The non-parole period commences on the 22nd of July 2006 and concludes on the 21st of July 2017. The balance of the term commences on the 22nd of July 2017 and concludes on the 21st of July 2021. Count 8- sexual intercourse without consent.- I sentence the offender to a non-parole period of 7 years. The non-parole period commences on the 22nd of July 2011, and concludes on the 21st of July 2018. The balance of the term commences on the 22nd of July 2018 and concludes on the 21st of July 2021. Count 9- kidnapping.- I sentence the offender to a non-parole period of 6 years. The non-parole period commences on the 22nd of July 2011, and concludes on the 21st of July 2017. The balance of the term commences on the 22 July 2017 and concludes on the 21st of July 2020. Count 10 – aggravated sexual intercourse without consent.- I sentence the offender to a non- parole period of 10 years. The non- parole period commences on 22nd July 2012 and concludes on 21st July 2022. The balance of the term commences on 22nd July 2022 and concludes on 21st July 2028. Count 11- sexual intercourse without consent.- I sentence the offender to a non- parole period of 7 years. The non – parole period commences on 22nd July 2018 and concludes on 21st July 2025, on which date he is eligible for parole. The balance of the term commences on 22nd July 2025 and concludes on 21st July 2032.; Offences referred under sec 166 of the Criminal Procedure Act, 1986.- In respect of each such offence, I sentence the offender to a non-parole period of 12 months. The non-parole periods and the sentences will be concurrent with each other, but partly cumulative on the other sentences imposed on the offender. In each case the non-parole period commences on 22nd July 2025 and concludes on 21st July 2026. In each case, the balance of the period commences on 22nd July 2026 and concludes on 21st July 2028.; The offender is eligible to be released on parole on 21st July 2028. He is to be released from all forms of custody on 21st July 2032.