R v Robert John Hall [2017] NSWDC 240

District Court New South Wales

Medium Neutral Citation: R v Robert John Hall [2017] NSWDC 240 Hearing dates: 21 July 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Criminal Before: Whitford SC DCJ Decision: Aggregate sentence consists of a non-parole period of 1 year commencing from 1 September 2017 and expiring 31 August 2018, and a balance of term of 4 years. That is a total effective sentence of 5 years. The offender will become eligible to be released to parole on 31 August 2018. Catchwords: Criminal – Sentence – threaten to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse – sexual intercourse without consent – aggravating features – vulnerable person – sex worker - historic offending – delay – statutory ratio – special circumstances – adjusted ratio - "most extraordinary" circumstances – "highly exceptional" circumstances – fetter on discretion Legislation Cited: Crimes Act 1900 - s 61C(1)(b); s 61D(1) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Markarian v R (2005) 228 CLR 357 at [37] and [84] R v Moon (2000) 117 A Crim R 497 at [81] PWB v R [2011] NSWCCA 84 at [80] R v Todd [1982] 2 NSWLR 517 at [519] R v Tuhakaraina [2016] NSWCCA 81 at [91] R v Veen [No 2] (1988) 164 CLR 465 at [8] Robertson v R [2017] NSWCCA 205 Category: Sentence Parties: Regina - Crown Robert John Hall - Offender Representation: Counsel: Mr P McGrath SC / Mr McAuliffe - Crown Mr T Hammond – Offender