R v Palmer [2018] NSWDC 50

District Court New South Wales

Medium Neutral Citation: R v Palmer [2018] NSWDC 50 Hearing dates: Sentence Hearing (3 November 2017, 24 November 2017, 14 December 2017 and 13 February 2018) Date of orders: 13 February 2018 Decision date: 13 February 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1. On Count 2 on the indictment to which the offender was found guilty, the offender is convicted and sentenced to a term of 3 years imprisonment to date from today's date, expiring on 12 February 2021. 2. Pursuant to section 44 of the 1999 Act, I set a non-parole period of eighteen months to commence from today, expiring on 12 August 2019, and a balance of term of eighteen months thereafter to expire on 12 February 2021. 3. Pursuant to s 50(1) of the 1999 Act, I direct the release of the offender at the expiration of the non-parole period to serve the remainder of his sentence on parole. 4. The earliest release date is 12 August 2019. Catchwords: CRIMINAL LAW – SENTENCE – One Count of Sexual Intercourse without Consent – objective seriousness – victim impact statement – sentencing statistics of limited utility – De Simoni principle

SENTENCING – Mitigating factors – Good character – no previous record of convictions – good character – good prospects of rehabilitation – Adjustment Disorder with mixed anxiety and depressed mood

SENTENCING – Subjective considerations on sentence – Special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 12, 16, 21A, 28, 44(2), 50(1) Crimes Act 1900 (NSW) ss 61I, 66L Cases Cited: R v De Simoni (1981) 147 CLR 383 Artery v R [2017] NSWCCA 259 R v Hibberd [2009] NSWCCA 20 Baines v R [2016] NSWCCA 132 R v Hartikainen (unreported, NSWCCA, 8 June 1993, 60095 of 1993) R v Qin [2008] NSWCCA 189 Salmond v R [2010] NSWCCA 141 Jiang v R [2010] NSWCCA 277 MC v R [2017] NSWCCA 316 Category: Sentence Parties: Mr G Palmer (accused) Regina (Crown) Representation: Ms F Sullivan (accused) Mr D Randle (Crown) File Number(s): 2015/00314482 Publication restriction: Pursuant to s 578A Crimes Act 1900, nothing may be published that identifies the complainant except where authorised in accordance with the Section.The complainant is referred to in these remarks as GL.