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
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:
Solicitors:
K. Hogan (Crown)
T. Ramrakha (Offender)
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…
Continue reading R v Bullaman
Sign in free to access the full text
- AGLC
- R v Bullaman [2022] NSWDC 588
- Case
- [2022] NSWDC 588
- Decision Date
CaseChat Overview and Summary
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.