R v Quintyn Aloese [2018] NSWDC 210

District Court New South Wales

Medium Neutral Citation: R v Quintyn Aloese [2018] NSWDC 210 Hearing dates: 27 July 2018 Decision date: 03 August 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence For orders see [72] Catchwords: Sexual intercourse without consent; intentionally choke victim; domestic violence related; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Baradi v R [2018] NSWCCA 143 Pearce v R [1998] HCA 57 R v Hamid [2006] NSWCCA 302 Category: Sentence Parties: Director of Public Prosecutions (Crown) Quintyn Aloese (Offender) Representation: Solicitors: C McKay (Crown) R Hussey (Offender) File Number(s): 17/295666 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is being sentenced in respect of the following two offences: Sequence 2 – Intentionally choke with recklessness (DV) pursuant to s 37(1) of the Crimes Act 1900. The maximum penalty for this offence is 10 years imprisonment. Sequence 3 – Sexual intercourse without consent (DV) pursuant to s 61I of the Crimes Act 1900. The maximum penalty for this offence is 14 years imprisonment. There is a Standard Non-Parole Period of 7 years imprisonment. 1. The offender has asked that the following matters be taken into account on a Form 1, relating to sequence 3 above: Sequence 1 – Common assault, for which the maximum penalty is 2 years imprisonment. Sequence 4 – Use intimidation/violence to unlawfully influence, for which the maximum penalty is 2 years imprisonment. The offender has admitted his guilt in relation to both those matters on the Form 1. The same two offences are subject of a Certificate pursuant to s 166 of the Criminal Procedure Act 1986. 1. The offences occurred on 29 September 2017. The offender was arrested shortly after the offences took place, and has been in custody since that date.