R v Andrew COLE [2009] NSWDC 255

New South Wales District Court

CITATION: R v Andrew COLE [2009] NSWDC 255 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 August 2009 EX TEMPORE JUDGMENT DATE : 21 August 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: For the offence of detaining for advantage, fixed term of five years imprisonmet. For the offence of aggravated sexual assault, non-parole period of ten years and a head sentence of fourteen years.

CATCHWORDS: Criminal law - Sentence - Aggravated sexual intercourse - Detaining for advantage

CASES CITED: Veen v R (1979) 143 CLR 458 Veen (No 2) v R (1988) 164 CLR 465

PARTIES: The Crown Andrew Cole

FILE NUMBER(S): DC 2009/11/0505

COUNSEL: Ms S Hall - Offender

SOLICITORS: NSW DPP Legal Aid Commission

JUDGMENT

1 Sometimes judges are faced with particularly serious offences. This is one of them. Indeed the facts in the present matter can be accurately described as "chilling".

2 It is the primary purpose of the criminal law to protect society and its members. Unfortunately it can usually only do this after offences have been committed. But when offences as serious as this are brought to the court's attention, it is incumbent upon the court to respond appropriately; to impose a sentence which will deter the offender, which will deter others and mark in a very concrete way the wrongfulness of the offender's conduct.

3 The events I am about to describe occurred on 29 July 2008. That evening the complainant was at home with her two children aged seven and ten. They had recently suffered some tragedy in their lives; the complainant was recently widowed. Shortly after midnight, so that it was now 30 July 2008, the complainant went to bed. She secured the premises, although for reasons which it is not necessary to describe, she was unable to do so completely. The children and the complainant went to bed and went to sleep.