Evatt (a pseudonym) v The King

Case [2025] NSWCCA 130


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Evatt (a pseudonym) v R [2025] NSWCCA 130
Hearing dates: 1 August 2025
Date of orders: 1 September 2025
Decision date: 01 September 2025
Before: Ward P at [1];
Yehia J at [2];
Weinstein J at [116].
Decision:

(1)   Leave to appeal granted.

(2)   Appeal dismissed.

Catchwords:

CRIME – appeals – appeal against sentence – sexual intercourse without consent – where the offending occurred in a domestic violence context and contrary to an ADVO – whether the sentencing judge erred in failing to take into account the applicant’s mental health – whether the sentence is manifestly excessive – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), ss 61I, 114(1)(d)

Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14(1)

Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(5AA)

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Criminal Procedure Act 1986 (NSW), s 166

Cases Cited:

Ahmu v R; Director of Public Prosecutions v Ahmu [2014] NSWCCA 312

Bellchambers v R [2011] NSWCCA 131

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Crane v R [2024] NSWCCA 87

Davidson v R (2022) 300 A Crim R 214; [2022] NSWCCA 153

DB v R [2023] NSWCCA 323

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

ET v R [2024] NSWCCA 131

Everett v The Queen; Phillips v The Queen (1994) 181 CLR 295; [1994] HCA 49

Green v The Queen (2011) 244 CLR 462; [2011] HCA 49

Harper v R [2022] NSWCCA 211

Harris v R [2021] NSWCCA 322

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

Jonson v R (2016) 263 A Crim R 268; [2016] NSWCCA 286

JP v R [2024] NSWCCA 96

Lacey v Attorney General of Queensland (2011) 242 CLR 573; [2011] HCA 10

Lane v R [2025] NSWCCA 113

Luque v R [2017] NSWCCA 226

Mattiussi v R [2023] NSWCCA 289

McGrory v R [2018] NSWCCA 226

Moiler v R [2021] NSWCCA 73

Moodie v R (2020) 284 A Crim R; [2020] NSWCCA 160

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Pasoski v R [2014] NSWCCA 309

R v Engert (1995) 84 A Crim R 67

R vMillwood [2012] NSWCCA 2

R v White [2025] NSWCCA 111

Walker v R [2006] NSWCCA 228

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

WW v R [2023] NSWCCA 311

Category:Principal judgment
Parties: Evatt (a pseudonym) (Applicant)
Rex (Respondent)
Representation:

Counsel:
Mr R Rajalingam (Applicant)
Mr S Healy (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2021/00303594
Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of the name or…

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AGLC
Evatt (a pseudonym) v The King [2025] NSWCCA 130
Case
[2025] NSWCCA 130
Decision Date

CaseChat Overview and Summary

In the matter of Evatt (a pseudonym) v The King, the appellant, Evatt, sought to appeal against the sentence imposed upon him for sexual intercourse without consent, occurring within the context of domestic violence and in contravention of an Apprehended Domestic Violence Order (ADVO). The case was heard and determined in the High Court of Australia. Evatt's primary contention on appeal was that the sentencing judge had failed to adequately consider his mental health in the context of the offence, and that the sentence was manifestly excessive.

The primary legal issue before the court was whether the sentencing judge's failure to properly account for Evatt's mental health amounted to a significant error in the sentencing process, such that the sentence should be considered manifestly excessive. The court was also required to assess whether the sentence imposed was appropriate in light of the circumstances and the applicable sentencing principles.

The High Court found that the sentencing judge had indeed considered Evatt's mental health and had appropriately weighed this factor within the context of the overall circumstances of the case. The court held that the sentence was neither manifestly excessive nor had it been imposed in error. The court also noted that the sentencing judge had considered the relevant aggravating and mitigating factors, including the impact of the offence on the victim and the breach of the ADVO. Consequently, the appeal was dismissed.

No further orders were made by the court beyond the dismissal of the appeal.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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