R v Cooper, Michael James - [2016] NSWDC 438

District Court

New South Wales

Medium Neutral Citation: R v Cooper, Michael James [2016] NSWDC 438
Hearing dates: Sentence: 18 & 24 November 2016
Decision date: 24 November 2016
Jurisdiction: Criminal
Before: KING SC DCJ
Decision:
Convicted of each count.
Indicative sentences:
Count 1 - Detain for advantage & cause injury to victim - 4 years imprisonment
Count 2 - Agg sex assault- inflict ABH on victim - 8 years imprisonment
Count 3 - Aggravated robbery & use corporal violence - 3 years imprisonment
Aggregate sentence:
Sentenced to a term of imprisonment for 10 years, comprising a NPP of 7 years and 6 months to commence on 23 September 2016 and to expire on 22 March 2024, and a balance of term of 2 years and 6 months, to commence on 23 March 2024 and to expire on 22 September 2026.
Eligible for release to parole on 22/3/24.

Catchwords: CRIMINAL – sentence – detain for advantage – inflict actual bodily harm - aggravated sexual intercourse without consent – aggravated robbery – historical offence – delay – DNA – violent assault - Victim Impact Statement – subjective matters
Legislation Cited: Crimes Act 1900
Crimes (Administration of Sentences) Regulation 2008
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Ho v R [2013] NSWCCA 174
King v R [2010] NSWCCA 202
Langbien v R [2013] NSWCCA 88
R v Fidow [2004] NSWCCA 172
R v Huynh [2003] NSWCCA 239
R v Moffitt [1990] 20 NSWLR 114
Category: Sentence
Parties: Regina
Cooper, Michael James
Representation: Counsel:
Crown: Mr N Moir
Solicitors:
Crown: Ms T J Krippner, Ms J Hoy ODPP
Cooper: Ms V Taylor, Virginia Taylor Partners

File Number(s): 2013/00334731
Publication restriction: Non-Publication Order in respect of the name of the complainant and anything that might tend to identify her

Judgment

Michael James Cooper appears for sentence in respect of three offences, being, firstly, an offence of detaining TM with intent to hold her for an advantage, that is, to have sexual intercourse with her, contrary to s 90A of the Crimes Act 1900. The maximum penalty provided is 14 years penal servitude. The second offence is aggravated sexual intercourse without consent immediately after inflicting actual bodily harm, contrary to s 61J(1) of the Crimes Act, for which the maximum penalty is 20 years penal servitude.
The third offence is aggravated robbery, the circumstance of aggravation being using corporal violence at the time, contrary to s 95(1) and (2)(a) of the Crimes Act 1900. The maximum penalty is 20 years penal servitude. There is no standard non‑parole period in respect of any of those offences.
A Statement of Facts for sentence has been provided by the Crown and Mr Moir, counsel for the offender has no disagreement with the accuracy of those facts, so I will utilise those facts, summarising them to some extent.
The offender was born on 24 October 1971, and at the time of the offences was 27 years of age. He is now 45 years of age. On 29 December…

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 Cooper, Michael James

Details

AGLC: R v Cooper, Michael James [2016] NSWDC 438
Case: [2016] NSWDC 438
Decision Date: 24 November 2016

CaseChat Overview and Summary

The case of R v Cooper, Michael James, was heard in a court of criminal jurisdiction. The defendant was charged with detaining a woman for advantage and causing her actual bodily harm, committing aggravated sexual assault without consent, and committing aggravated robbery and using corporal violence. The trial concluded with the defendant being convicted on all counts.

The central legal issues revolved around the interpretation of the severity of the crimes, particularly in light of the victim's injuries and the defendant's violent conduct. The court had to assess the impact of the delay in prosecution, the use of DNA evidence to link the defendant to the crime, and the circumstances surrounding the assault and robbery. Additionally, the court considered the subjective matters detailed in the victim impact statement.

The court examined the nature and extent of the injuries inflicted upon the victim, the circumstances of the delay in bringing charges, and the reliability of the DNA evidence. It was noted that the delay in prosecution did not unduly prejudice the defendant's right to a fair trial. The court also acknowledged the impact of the crimes on the victim, considering the victim impact statement. The court found the defendant guilty on all counts and sentenced him to a total of 10 years imprisonment, with specific terms for each offence. The court's decision took into account the need for both punishment and deterrence, given the severity of the crimes.

The final orders were that the defendant was sentenced to a term of imprisonment for 10 years, with an aggregate sentence comprising a non-parole period of 7 years and 6 months and a balance of 2 years and 6 months. The defendant is eligible for parole release on 22 March 2024.

Orders

Orders of the court

Convicted of each count.

Indicative sentences:

Count 1 - Detain for advantage & cause injury to victim - 4 years imprisonment

Count 2 - Agg sex assault- inflict ABH on victim - 8 years imprisonment

Count 3 - Aggravated robbery & use corporal violence - 3 years imprisonment

Aggregate sentence:

Sentenced to a term of imprisonment for 10 years, comprising a NPP of 7 years and 6 months to commence on 23 September 2016 and to expire on 22 March 2024, and a balance of term of 2 years and 6 months, to commence on 23 March 2024 and to expire on 22 September 2026.

Eligible for release to parole on 22/3/24.

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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Medium Neutral Citation:	R v Cooper, Michael James [2016] NSWDC 438
Hearing dates:	Sentence: 18 & 24 November 2016
Decision date:	24 November 2016
Jurisdiction:	Criminal
Before:	KING SC DCJ
Decision:	Convicted of each count. Indicative sentences: Count 1 - Detain for advantage & cause injury to victim - 4 years imprisonment Count 2 - Agg sex assault- inflict ABH on victim - 8 years imprisonment Count 3 - Aggravated robbery & use corporal violence - 3 years imprisonment Aggregate sentence: Sentenced to a term of imprisonment for 10 years, comprising a NPP of 7 years and 6 months to commence on 23 September 2016 and to expire on 22 March 2024, and a balance of term of 2 years and 6 months, to commence on 23 March 2024 and to expire on 22 September 2026. Eligible for release to parole on 22/3/24.
Catchwords:	CRIMINAL – sentence – detain for advantage – inflict actual bodily harm - aggravated sexual intercourse without consent – aggravated robbery – historical offence – delay – DNA – violent assault - Victim Impact Statement – subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Administration of Sentences) Regulation 2008 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Ho v R [2013] NSWCCA 174 King v R [2010] NSWCCA 202 Langbien v R [2013] NSWCCA 88 R v Fidow [2004] NSWCCA 172 R v Huynh [2003] NSWCCA 239 R v Moffitt [1990] 20 NSWLR 114
Category:	Sentence
Parties:	Regina Cooper, Michael James
Representation:	Counsel: Crown: Mr N Moir Solicitors: Crown: Ms T J Krippner, Ms J Hoy ODPP Cooper: Ms V Taylor, Virginia Taylor Partners
File Number(s):	2013/00334731
Publication restriction:	Non-Publication Order in respect of the name of the complainant and anything that might tend to identify her