R v TIMBERY [2008] NSWDC 340

New South Wales District Court

CITATION: R v TIMBERY [2008] NSWDC 340

9 - 22 April 2008 HEARING DATE(S): 6 June 2008 15 August 2008

JUDGMENT DATE: 19 September 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment consisting of an overall term of 24 years with a non parole period of 18 years.

CATCHWORDS: Criminal Law - Sentence - Re-trial - Malicious wounding - Sexual intercourse without consent - Aggravated sexual intercourse without consent - Maliciously inflict grievous bodily harm - Acts of cruelty - Conditional liberty

Regina v Timbery unreported CCA 1 April 1996 CASES CITED: Veen v The Queen (No1)(1979) 143 CLR 458 Veen v The Queen (No2)(1998) 164 CLR 465

PARTIES: The Crown Joseph Anthony Timbery

FILE NUMBER(S): DC 2005/11/1115

COUNSEL: A Seeto (Crown) W. Hunt (Offender)

SOLICITORS: NSWDPP Adamsons Solicitors

SENTENCE

1 HIS HONOUR: In October 1999 LB, who was then eighteen years of age formed a relationship with the offender, Joseph Anthony Timbery. They started to live together at (an address not to be published) where other members of Mr Timbery's family also lived from time to time.

2 It was not long before the relationship became one characterised by regular violence on the part of the offender. He is now to be sentenced for eleven serious acts of violence, some of which left LB with significant and permanent scars.

3 The first offence was committed on 16 April 2000.

4 The complainant and the offender were having a few drinks and ended up in an argument. During the argument the offender came at the complainant with an iron bar hitting her across the forehead with it. She went to the Prince of Wales Hospital where the injury was treated by doctors. Stitches and butterfly straps were put on her forehead. LB has a scar above her left eye as a result.