R v Copas

[2020] NSWDC 829

District Court

New South Wales

Medium Neutral Citation:

R v Copas [2020] NSWDC 829

Hearing dates:

2/7/20, 30/7/20

Date of orders:

30/7/20

Decision date:

30 July 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to imprisonment for 5 years 6 months with a NPP of 3 years 6 months (18/12/18-17/6/22). I find special circumstances. I take the matters on the Form 1 into account.

Catchwords:

Crime – Sentence – Aggravated sexual intercourse without consent – Under authority

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

KAB v R [2015] NSWCCA 55

Perkins v R [2018] NSWCCA 62

Category:

Sentence

Parties:

NSW DPP – Crown
Matthew David Copas - Offender

Representation:

Mr G Kidd for Crown
Mr B Bickford for Offender

File Number(s):

2018/388399

sentence

1. Mr Matthew David Copas is before the Court for sentence for an offence under s 51J of the Crimes Act 1900, being an offence of sexual intercourse without consent, in circumstances of aggravation, namely, that at the time of the offence the victim was under his authority. That offence carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years is specified.

2. In addition, the offender asks that in sentencing him for that offence I take into account on a Form 1 three other offences under s 61KD of the Crimes Act 1900, to which he admits - being three offences of sexually touching the victim without consent, in circumstances of aggravation, in that, at the time of the offences, the victim was under his authority. The maximum penalty for each of those offences is seven years imprisonment and a standard non-parole period of five years is specified. The maximum penalties and the standard non-parole period are of course important legislative guideposts to which I have had regard in determining the sentence.

3. The offender pleaded guilty to the offence at the earliest opportunity and is entitled to a discount of 25 per cent on account of the utilitarian value of that plea.

FACTS

4. The facts for the purposes of sentence are the subject of agreement and in summary are as follows.

5. The offender and his wife operated a cleaning business named Snowie’s Aussie Cleaning. In about September 2018, the business posted an advertisement on Gumtree for a position as cleaner. The victim, a 28 year old woman, answered that advertisement and an arrangement was made to meet with the offender and his wife. After performing a trial shift on 4 September 2018, the victim commenced work in the offender’s business.

6. Prior to commencing that job, the victim had been living out of her car but, after gaining employment, was able to obtain residential accommodation in Nelson Bay through a Women’s Crisis Centre. The victim has an intellectual disability and has receptive and expressive speech delay. She usually worked six days a week and there were three properties that she would clean alone but the remainder would be cleaned together with the offender,…