R v Copper* [2012] NSWDC 304

District Court New South Wales

Medium Neutral Citation: R v Copper* [2012] NSWDC 304 Decision date: 31 October 2012 Before: Cogswell SC DCJ Decision: Sentence of 2 years imprisonment, execution suspended for the whole of the sentence for the whole of the period. Catchwords: CRIMINAL LAW - Particular offences - offences against the person - sexual assault - Sentence - relevant factors - gravity of offence - lower end of range of objective seriousness - not planned - victim withdrew consent to sexual intercourse when she realised offender was not the man she thought he was - response to charges - guilty plea - contrition - remorse - unprecedented sworn apology to victim in court - nature and circumstance of offender - prior criminality - significant anger problems - requested continued counselling while on remand - good work ethic - excellent prospects of rehabilitation - special circumstances - young age (21), need for ongoing counselling - Sentence procedure - relevant material - victim impact statement read in court. Legislation Cited: Crimes Act 1900 (NSW), s 61I. Crimes (Sentencing Procedure) Act 1999 (NSW), s 12. Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120; 212 A Crim R 254. R v Michael Brown [2010] NSWDC 344. R v Reyniel Herrera Marcial [2011] NSWDC 119. Category: Sentence Parties: Regina (Crown) Dietrich Copper (Offender) Representation: Counsel: L M Shaw (Crown) C Simpson (Offender) File Number(s): DC 2012/180108 Publication restriction: *Pseudonyms have been used in this judgment.