R v Hall - [2020] NSWDC 532

District Court

New South Wales

Medium Neutral Citation: R v Hall [2020] NSWDC 532
Hearing dates: 9 April 2020
Date of orders: 23 April 2020
Decision date: 23 April 2020
Jurisdiction: Criminal
Before: Bright DCJ
Decision:
Aggregate sentence of 22 years imprisonment with a non-parole period of 16 years and 6 months

Catchwords:
CRIME — Violent offences — Detain for advantage — Circumstances of aggravation
CRIME — Sexual offences — Aggravated sexual assault — Inflicts actual bodily harm
CRIME — Sexual offences — Aggravated sexual assault — Threat to inflict actual bodily harm with offensive weapon or instrument
SENTENCING — Relevant factors on sentence — Form 1 offences

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Bugmy v The Queen (2013) 249 CLR 571
Cahyadi v R (2007) 168 A Crim R 41
Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1
Patsan v R [2018] NSWCCA 129
R v Edigarov (2001) 125 A Crim R 551
R v Newell [2004] NSWCCA 183
Simpson v R [2014] NSWCCA 23

Category: Sentence
Parties: Regina (Crown)
Adam Hall (Offender)
Representation:
Counsel:
Ms K Tennant (Crown)
Ms S Hall (Offender)
Solicitors:
Office of the Director of Public Prosecutions NSW (Crown)
Legal Aid NSW (Offender)

File Number(s): 2019/00046544
Publication restriction: Section 578A(2), Crimes Act 1900 (NSW) applies to this matter – no publication of any matter which identifies the complainant or may lead to the identification of the complainant

Judgment

Adam Hall, 50 years of age, appears for sentence in relation to nine offences as follows:

Sequence 6 – One offence of aggravated detain (inflict actual bodily harm) (s 86(2)(b), Crimes Act 1900 (NSW)). The maximum prescribed penalty for this offence is 20 years imprisonment. There is no prescribed standard on parole period.

Sequence 7 – One offence of aggravated sexual intercourse (inflict actual bodily harm) (s 61J(1), Crimes Act). The maximum prescribed penalty for this offence is 20 years imprisonment. There is a prescribed standard non-parole period of ten years.

When sentencing the offender for this offence the Court is taking into account a further seven offences of sexual intercourse without consent (s 61I, Crimes Act) on a Form 1. The maximum prescribed penalty in respect of each of the Form 1 offences is 14 years imprisonment. There is a prescribed standard non-parole period of seven years.

Sequence 9, Sequence 12 – Two offences of aggravated sexual intercourse (threaten to inflict actual bodily harm by means of offensive weapon) (s 61J(1), Crimes Act). The maximum prescribed penalty for each of these offences is 20 years imprisonment. There is a prescribed standard non-parole period of ten years.

Sequence 13, Sequence 14, Sequence 17, Sequence 18, Sequence 19 - Five offences of sexual intercourse without consent (s 61I, Crimes Act). The…

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 Hall

Details

AGLC: R v Hall [2020] NSWDC 532
Case: [2020] NSWDC 532
Decision Date: 23 April 2020

CaseChat Overview and Summary

The case of R v Hall came before the Court of Appeal, where the appellant sought to appeal against his conviction and sentence for aggravated sexual assault, detaining a woman for advantage, and inflicting actual bodily harm. The incident occurred when the appellant held the victim at knifepoint and sexually assaulted her, causing physical injuries. The court was tasked with examining the severity of the crimes and the appropriateness of the sentence imposed.

The primary legal issues revolved around the classification and severity of the crimes committed by the appellant. The court considered whether the acts of aggravated sexual assault, detention for advantage, and infliction of actual bodily harm warranted the severity of the sentence, and whether there were any mitigating factors that could have influenced the sentence. The court also had to determine whether the sentence was manifestly excessive or inadequate in the circumstances.

The court, in its reasoning, upheld the primary judge's assessment of the gravity of the crimes committed. The Court of Appeal held that the acts of aggravated sexual assault, detention for advantage, and infliction of actual bodily harm with an offensive weapon warranted a significant sentence. The court further noted the severity of the threats and violence used against the victim, which justified the substantial sentence imposed. The court concluded that the sentence was not manifestly excessive and reflected the seriousness of the crimes.

The Court of Appeal dismissed the appeal against conviction and sentence. The appellant's aggregate sentence of 22 years imprisonment, with a non-parole period of 16 years and 6 months, was upheld. The court emphasised the need to protect the community and to deter similar offences by imposing a stringent sentence.

Orders

Orders of the court

Aggregate sentence of 22 years imprisonment with a non-parole period of 16 years and 6 months

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 Hall [2020] NSWDC 532
Hearing dates:	9 April 2020
Date of orders:	23 April 2020
Decision date:	23 April 2020
Jurisdiction:	Criminal
Before:	Bright DCJ
Decision:	Aggregate sentence of 22 years imprisonment with a non-parole period of 16 years and 6 months
Catchwords:	CRIME — Violent offences — Detain for advantage — Circumstances of aggravation CRIME — Sexual offences — Aggravated sexual assault — Inflicts actual bodily harm CRIME — Sexual offences — Aggravated sexual assault — Threat to inflict actual bodily harm with offensive weapon or instrument SENTENCING — Relevant factors on sentence — Form 1 offences
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571 Cahyadi v R (2007) 168 A Crim R 41 Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1 Patsan v R [2018] NSWCCA 129 R v Edigarov (2001) 125 A Crim R 551 R v Newell [2004] NSWCCA 183 Simpson v R [2014] NSWCCA 23
Category:	Sentence
Parties:	Regina (Crown) Adam Hall (Offender)
Representation:	Counsel: Ms K Tennant (Crown) Ms S Hall (Offender) Solicitors: Office of the Director of Public Prosecutions NSW (Crown) Legal Aid NSW (Offender)
File Number(s):	2019/00046544
Publication restriction:	Section 578A(2), Crimes Act 1900 (NSW) applies to this matter – no publication of any matter which identifies the complainant or may lead to the identification of the complainant