R v Coleman [2019] NSWDC 285

District Court New South Wales

Medium Neutral Citation: R v Coleman [2019] NSWDC 285 Hearing dates: 21 January 2019 Date of orders: 21 January 2019 Decision date: 21 January 2019 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [54] Catchwords: CRIMINAL LAW – sentencing – sexual intercourse without consent – historical matter – verdict of judge alone trial Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Conte v R [2018] NSWCCA 209 Ibbs v The Queen (1987) 163 CLR 447 R v Gebrail (unrep, 18/11/94, NSWCCA) R v Hartikainen (unrep, 8/6/93, NSWCCA) R v May [1999] NSWCCA 40 R v McNaughton (2006) 66 NSWLR 566 R v PGM (2008) 187 A Crim R 152 R v Pham [2005] NSWCCA 94 R v Russell (unrep, 21/6/96, NSWCCA) Category: Sentence Parties: Regina (Crown) Ronald Coleman (Offender) Representation: Counsel: Mr K Averre (Crown) Mr D Pullinger (Offender)

Solicitors: ODPP (Crown) Criminal Law Centre (Offender) File Number(s): 2016/374893 Publication restriction: Non-Publication Order with regards to the name of the victim

Introduction 1. The Offender appears before the Court today for sentencing after being found guilty of the offence contained on the Indictment. 2. In sentencing the Court of course has regard to the guideposts of maximum penalties and any applicable stated non-parole period if one such exists. The maximum penalty is Parliament's assessment of the offending. 3. The offence for which the Offender is to be sentenced is charge H63319476 sequence 1, being that between 1 February 1996 and 31 March 1996, at Bondi Junction in the State of New South Wales, the Offender did have sexual intercourse with the complainant ('AC'), without the consent of AC and knowing that he was not consenting, in breach of s61I of the Crimes Act. 4. The matter proceeded before me without a jury for reasons previously given, resulting in a judgment being delivered on Monday 4 June 2018 resulting in a finding of guilt against the Offender in respect of the subject offence. I note the maximum period of imprisonment applicable is 14 years and there is no standard non-parole period which applies. 5. The Offender was born on 15 September 1964 and is now 54 years of age. The offending was committed between February and March 1996 when he was 31 years of age. 6. He was arrested and charged on 14 December 2016. On 11 July 2017 he was committed for trial to the District Court. The Offender was found guilty on 4 June 2018 as previously mentioned. He has been in custody in relation to this offence since 4 June 2018 and the sentence needs to be backdated to account for that period but also a further period in which he was incarcerated initially upon his arrest and on two other occasions following bail breaches. 7. The evidence on sentence comprised: 1. the Crown Bundle (Exhibit A) which included a Victim Impact Statement, a Sentencing Assessment Ropert together with custodial history, New South Wales criminal antecedents, West Australian criminal antecedents and a transcript of the Court's judgment of 4 June 2018; 2. a report by Karen Burgoyne, psychologist, dated 20 November 2018 (Exhibit 1); and 3. statistics (MFI 1).