NSW Caselaw
New South Wales District Court
CITATION: R v Mintern, Neil [2008] NSWDC 276
HEARING DATE(S): 07/04/2008
JUDGMENT DATE: 13 June 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
Convicted. DECISION: Sentenced to a Minimum term of 3years and 6 months to date from the 5th October 2007 and to expire on the 4th of April 2011. Balance of term 3 years and 2 months to expire on the 4th of June 2014.
CATCHWORDS: Criminal Law - sentencing - aggravated sexual intercourse without consent inflict ABH - standard non parol period offence - abducts victim to nearby hall - strikes victim to prevent her from screaming - bites lip and breasts - victim resists - strikes second time - rendered unconscious - penile vaginal penetration - ejulates - both parties effected by alcohol - 23year old male - in defacto relationship - mental health stressors - psycho-sexual profile - high risk of reoffending - hisotyr of prior sexual and physical abuse - history of blurred sexual boundaries - substance abuse issues - little insight although recognises wrongness of acts - plea of guilty - standard non parole period not applied.
LEGISLATION CITED: Crimes Act
R v Gladue (1999) 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Rushby (1977) NSWLR 597 R v Hayes [1984] 1 NSWLR 740 CASES CITED: R v Gebrail unreported NSWCCA 18/Nov (1994) R v Hartikainen unreported NSWCCA 8/06/93 R v Pay (1999) NSWCCA 40 [7] De Simone v The Queen (1981) 147 CLR 383 R v Way (2004) 60 NSWLR 168
PARTIES: Regina Neil Mintern
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