R v Am

Case [2024] NSWDC 546


District Court


New South Wales

Medium Neutral Citation: R v AM [2024] NSWDC 546
Hearing dates: 15 November 2024
Date of orders: 29 November 2024
Decision date: 29 November 2024
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Sentenced – see paragraphs [94]-[97]

Catchwords:

Sentence – sexual offending against partner – domestic violence – multiple offences – Bugmy issues – causal connection with mental health issues

Legislation Cited:

Crimes Act, 1900

Crimes (Domestic and Personal Violence) Act, 2007

Crimes (Sentencing Procedure) Act, 1999

Firearms Act, 1996

Cases Cited:

Bugmy v The Queen [2013] HCA 37

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

McCullough v R [2009] NSWCCA 94

Mitchell & Gallagher v R [2007] NSWCCA 296

R v Hamid [2006] NSWCCA 302

R v Lloyd [2022] NSWSC 906

R v Tuala [2015] NSWCCA 8

The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Category:Sentence
Parties: Rex
AM
Representation:

Counsel:
Mr P Kerr for the Crown
Mr P Swaine for the Offender

Solicitors:
Office of the Director of Public Prosecutions
Rod Kennedy Solicitors
File Number(s): 2023/280223, 2024/142701
Publication restriction: There is to be no publication of the name of the complainant or anything that might tend to identify her.

REMARKS ON SENTENCE

  1. On 15 November 2024 the offender appeared at the Wagga Wagga District Court and pleaded guilty to 7 counts on an indictment, namely that he:

  1. On 26 March 2022 at Coolamon in the State of New South Wales did assault BH, contrary to s 61 of the Crimes Act, 1900 and further

  2. Between 1 January 2022 and 31 January 2022 at Tumbarumba in the State of New South Wales assaulted SM thereby occasioning actual bodily harm to her, contrary to s 59(1) of the Crimes Act, and further

  3. On 24 December 2022 at Rosewood in the State of New South Wales did assault SM, contrary to s 61 of the Crimes Act, and further

  4. On 3 September 2023 at Rosewood in the State of New South Wales did have sexual intercourse with SM without her consent knowing she was not consenting, contrary to s 61I of the Crimes Act, and further

  5. On 3 September 2023 at Rosewood in the State of New South Wales did possess a firearm not being authorised to do so by a licence or permit, contrary to s 7A(1) of the Firearms Act, 1996, and further

  6. On 3 September 2023 at Rosewood in the State of New South Wales did have sexual intercourse with SM without her consent knowing she was not consenting and in circumstances of aggravation namely that at the time of the commission of the offence (he) intentionally inflicted actual bodily harm on SM, contrary to s 61J(1) of the Crimes Act, and further

  7. On 3 September 2023 at Rosewood in the State of New South Wales did have sexual intercourse with SM without her consent, knowing that she…

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Details
AGLC
R v Am [2024] NSWDC 546
Case
[2024] NSWDC 546
Decision Date

CaseChat Overview and Summary

The defendant, Mr Am, faced the court following a series of sexual offences committed against his partner, constituting a severe case of domestic violence. The prosecution presented evidence of multiple instances of assault and sexual abuse, highlighting a pattern of behaviour that significantly impacted the victim. The sentencing hearing took place in the Supreme Court, where the presiding judge had to consider the severity of the crimes, the relationship between the parties, and the impact on the victim.

The legal issues before the court included determining the appropriate sentence for the multiple offences, the relevance of the defendant’s mental health issues, and the applicability of the Bugmy principles, which require a consideration of the circumstances surrounding Indigenous defendants. The court needed to weigh the need for punishment, deterrence, and rehabilitation against the background of the defendant’s mental health and the unique context of the crimes committed in a domestic setting.

In delivering the judgment, the court meticulously examined the evidence and submissions presented. It acknowledged the gravity of the offences, recognising them as part of a broader pattern of domestic violence. The court considered the Bugmy principles, emphasising the importance of understanding the defendant’s background and mental health issues in the sentencing process. Ultimately, the court found a causal connection between these issues and the defendant's criminal behaviour, which informed the sentencing approach. After considering all factors, the court determined an appropriate sentence, aiming to balance justice for the victim with the need to address the defendant's underlying issues.

Orders

Orders of the court

Sentenced – see paragraphs [94]-[97]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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