R v WRIGHT [2019] NSWDC 544

District Court New South Wales

Medium Neutral Citation: R v WRIGHT [2019] NSWDC 544 Hearing dates: 4 October 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Criminal Before: Lerve DCJ Decision: Aggregate sentence – see paragraph [51] Catchwords: CRIME — Sexual offences — Indecent assault CRIME — Property offences — Break and enter with intent to commit serious indictable offence CRIME — Violent offences — Choking

SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 R v Holder [1983] 3 NSWLR245 R v HQ [2003] NSWCCA 336 MAK & MSK v R (2006) 167 A Crim R 159 R v MW [2007] NSWCCA 291 Category: Sentence Parties: Regina Wade Benjamin WRIGHT Representation: Counsel: Mr T Bailey (Crown Prosecutor) Mr Hammond (for the Offender)

Solicitors: Ms Y Wojcik (Director of Public Prosecutions) Mr S Mortimer of Legal Aid Commission (for the offender) File Number(s): 2017/385277, 2018/41202, 2018/324713 Publication restriction: Statutory non publication order relating to the name of the complainant or anything that may tend to identify them.

Remarks on sentence 1. On 3 June 2019, after a trial that lasted three days, a jury at the Wagga Wagga Wagga District Court returned verdicts of guilty against the offender in respect of three charges, namely: 1. That (he) on 9 March 2017 at West Wyalong in the State of New South Wales, did enter the dwelling house of [KL] at 29 Brown Street, West Wyalong, with intent to commit a serious indictable offence, namely assault with act of indecency, in circumstances of aggravation, namely, he knew there were persons present in the place where the offence was committed, contrary to s 111(2) of the Crimes Act, 1900 and further 2. That (he) on 9 March 2017 at West Wyalong in the State of New South Wales, did attempt to choke [KL] so as to render her incapable of resistance and did so with the intention of enabling himself to commit an indictable offence, namely, assault with act of indecency, contrary to sections 37(2) and 344A(1) of the Crimes Act, and further 3. That (he) on 9 March 2017 at West Wyalong in the State of New South Wales, did assault [KL] and that he Wade Benjamin Wright at the time of such assault, did commit an act of indecency on [KL], contrary to s 61L of the Crimes Act, 1900. 1. The third of these offences was pleaded as an alternative to a charge of sexual intercourse without consent. Clearly - and for good reason, as will become clear later in these reasons - the jury could not be satisfied beyond reasonable doubt that penetration of the complainant had occurred. 2. The accused pleaded not guilty to all charges and went trial. Accordingly, there can be no discount or consideration for any plea of guilty. That is not to say that the sentence is increased because the accused put the Crown to proof, rather there can simply be no discount or consideration for any plea of guilty. 3. The maximum sentence for the offence of Aggravated Enter Dwelling with Intent to Commit an Indictable offence is 14 years imprisonment. The maximum penalty for the offence of Choke Person With Intent to Commit an Indictable offence is 25 years imprisonment. The maximum penalty for the offence of Indecent Assault is 5 years imprisonment. Parliament has not specified a standard non-parole period in respect of any of the offences for which the offender appears for sentence