R v Christopher Patrick GIBBS [2013] NSWDC 187

District Court New South Wales

Medium Neutral Citation: R v Christopher Patrick GIBBS [2013] NSWDC 187 Decision date: 17 May 2013 Before: Cogswell SC DCJ Decision: Convicted of offence of sexual intercourse without consent. Sentenced to 4 years imprisonment. Non-parole period 2½ years. Catchwords: CRIMINAL LAW - Particular offence - sexual intercourse without consent - victim suffered from developmental delay - aggravating under s 21A. Sentence - relevant factors - gravity of offence - offender reckless as to consent - spontaneous - short duration - offender did not use condom and ejaculated - top end of lower range of objective seriousness - psychiatric assessment of victim - sexual assault aggravated pre existing psychological and psychiatric problems - not specifically aggravating under s 21A - prior criminality - extensive criminal history - offences as a child - imprisonment as an adult for serious crimes involving personal violence - aggravating under s 21A - response to charges - relatively early plea - 20 per cent discount - some limited remorse - plea and letter to judge - nature and circumstances of offender - Aboriginal man with difficult upbringing - depression and suicide attempts - history of drug taking - using heroin at time offence committed - mild intellectual disability - general deterrence of less significance - special circumstances - need to address psychological and drug problems - totality - backdating sentence - relevance of standard non-parole period. Legislation Cited: Crimes Act 1900, s 61I. Crimes (Sentencing Procedure) Act 1999, s 21A. Category: Sentence Parties: Regina (Crown) Christopher Patrick Gibbs (Offender) Representation: Counsel: I H Nash (Offender) Solicitors: S J Modder, Office of Director of Public Prosecutions (Crown) File Number(s): DC 2011/199009