R v Bullaman - [2022] NSWDC 588

District Court

New South Wales

Medium Neutral Citation: R v Bullaman [2022] NSWDC 588
Hearing dates: 17 November 2022
Date of orders: 25 November 2022
Decision date: 25 November 2022
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full-time custodial sentence. For orders see [66].

Catchwords:
CRIME – sentence – sexual intercourse without consent and knowing no consent given – s166 offence – carry cutting weapon upon apprehension

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67
Fisher v R; R v Fisher [2021] NSWCCA 91
Jonson v R (2016) 263 A Crim R 268; [2016] NSWCCA 286
R v Carter [2003] NSWCCA 243
Veen v R [No. 2] (1998) 164 CLR 465; [1998] HCA 14

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Duncan Andrew Bullaman (Offender)
Representation:
Counsel:
K. Hogan (Crown)
T. Ramrakha (Offender)
Solicitors:
S. Doi (ODPP)
S. Knowles (Legal Aid)

File Number(s): 2021/00050384
Publication restriction: Section 578A of the Crimes Act 1900 prohibits publication of any matter which identifies the complainant or any matter which is likely to identify the complainant in the proceedings.

remarks on sentence

On 18 August 2022 the offender was arraigned on the following two counts on an Indictment:

On or about 22 February 2021, in [R] in the State of New South Wales, did have sexual intercourse with [PW] without her consent and knowing that [PW] had not consented to the sexual intercourse.

On or about 22 February 2021, at [R] in the State of New South Wales, did intimidate [PW] with the intention of causing the said [PW] to fear physical harm.

The offender pleaded not guilty to both counts.
On 29 August 2022 the jury delivered a verdict of Guilty on Count 1 and Not Guilty on Count 2. The offender is therefore to be sentenced in respect of Count 1, an offence under section 61I of the Crimes Act 1900. The maximum penalty prescribed for the offence is 14 years imprisonment and there is a standard non-parole period of 7 years imprisonment.

The Sentence Hearing

The sentence hearing took place on 17 November 2022. The Crown sentence summary became Exhibit A. It noted that in addition to being sentenced for the offence in Count 1, the offender was also to be sentenced in respect of sequence 3, being an offence of carry cutting weapon upon apprehension pursuant to s547D of the Crimes Act 1900. That was an offence that was on a certificate pursuant to s166 of the Criminal Procedure Act 1986 to which the offender had pleaded guilty.
The parties agreed that the following facts may be derived from the jury verdict.

The offender in this matter is Duncan Bullaman (DOB 26.11.1976). He was 44 years old at the time of the offence. At the time of the offence, the offender lived with a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bullaman

Details

AGLC: R v Bullaman [2022] NSWDC 588
Case: [2022] NSWDC 588
Decision Date: 25 November 2022

CaseChat Overview and Summary

The case of R v Bullaman arose from an incident where the defendant engaged in sexual intercourse with a woman without her consent and knowing that she had not consented. The defendant was also found to have been carrying a cutting weapon upon apprehension. The matter was heard in the court of criminal jurisdiction.

The legal issues that the court needed to address included the appropriate sentencing principles to apply in this case, the relevance of the carrying of the weapon to the sentencing, and the degree of culpability of the defendant. The court had to consider the seriousness of the sexual offence, the need for deterrence, and the need to protect the community.

The court found that the sexual offence was extremely serious, and the carrying of the weapon indicated a level of premeditation and a disregard for the law. The court emphasised that sexual offences without consent are particularly heinous as they violate the fundamental right to bodily integrity. The court also noted that the carrying of a weapon upon apprehension indicated a level of premeditation and a disregard for the law, which warranted a more severe sentence. Ultimately, the court concluded that a full-time custodial sentence was necessary to achieve the goals of punishment, deterrence, and community protection. The court ordered a full-time custodial sentence, and for specific orders, reference was made to paragraph [66] of the judgment.

Orders

Orders of the court

Full-time custodial sentence. For orders see [66].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Bullaman [2022] NSWDC 588
Hearing dates:	17 November 2022
Date of orders:	25 November 2022
Decision date:	25 November 2022
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full-time custodial sentence. For orders see [66].
Catchwords:	CRIME – sentence – sexual intercourse without consent and knowing no consent given – s166 offence – carry cutting weapon upon apprehension
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Fisher v R; R v Fisher [2021] NSWCCA 91 Jonson v R (2016) 263 A Crim R 268; [2016] NSWCCA 286 R v Carter [2003] NSWCCA 243 Veen v R [No. 2] (1998) 164 CLR 465; [1998] HCA 14
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Duncan Andrew Bullaman (Offender)
Representation:	Counsel: K. Hogan (Crown) T. Ramrakha (Offender) Solicitors: S. Doi (ODPP) S. Knowles (Legal Aid)
File Number(s):	2021/00050384
Publication restriction:	Section 578A of the Crimes Act 1900 prohibits publication of any matter which identifies the complainant or any matter which is likely to identify the complainant in the proceedings.