R v Aras Giotas [2007] NSWDC 37

New South Wales District Court

CITATION: R v Aras Giotas [2007] NSWDC 37 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 9 & 23 March 2007

JUDGMENT DATE: 23 March 2007

JURISDICTION: NSW

JUDGMENT OF: Knox SC DCJ

DECISION: The offender is convicted on each count.; On each count he is sentenced to a head sentence of five years imprisonment commencing on 23 February 2006 and expiring on 22 February 2011, with a non-parole period of three years and four months imprisonment commencing on 23 February, 2006 and expiring on 22 June, 2009.; Thereafter the offender will be released to parole on the normal terms and conditions to be of good behaviour and to comply with any directions of the Probation and Parole Service as to counselling or other treatment.

CATCHWORDS: Sentence - sexual intercourse without consent - sentence on re-trial - reasons for increase in sentence from that imposed at first trial

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

R v Giotas [2006] NSWCCA 358 McL v The Queen (2003) 203 CLR 452 R v MM [2002] NSWCCA 431 R v Hannes [2002] NSWSC 1182 R v Gilmore (1979) 1 A Crim R 416 R v Bedford (1986) 5 NSWLR 711 R v Merritt [2000] NSWCCA 365 R v Way (2004) 60 NSWLR 168 CASES CITED: Regina v AJP (2004) 150 A Crim R 575 MLP v R [2006] NSW CCA 271 FV v Regina [2006] NSWCCA 237 R v Trevanna [2004] NSWCCA 43 R v George [2004] NSWCCA 247 Azzopardi (2001) 179 ALR 349 R v Petersen (1999) 2 Qd 85 at 97 R v Sloane (2001) 126 A CrimR 188 R v Bedford (1986) 5 NSWLR 711 Siganto v R (1998) 159 ALR 94