R v Hines

[2020] NSWDC 511

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Hines [2020] NSWDC 511

Hearing dates:

30/7/20

Date of orders:

30/7/20

Decision date:

30 July 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Sentenced to imprisonment for two years with a NPP of 12 months.

Catchwords:

Crime – Sentence – Sexual intercourse without consent

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

BP v The Queen [2010] NSWCCA 159

Bugmy v The Queen [2013] HCA 27

Perkins v R [2018] NSWCCA 62

Category:

Sentence

Parties:

NSW DPP – Crown
David Hines - Offender

Representation:

Ms Hooper for Crown
Mr Abdi for Offender

File Number(s):

2019/306558

Publication restriction:

Non-publication of the identity of the victim.

sentence

1. Mr David Hines is before the Court for sentence on an offence under s 61I of the Crimes Act 1900 (NSW) being an offence of sexual intercourse without consent. The maximum penalty for that type of offence is 14 years’ imprisonment and it attracts potentially a standard non-parole period of seven years’ imprisonment. Each of those are, of course, guidelines in the sentencing exercise. He pleaded guilty at the earliest opportunity and he is entitled to a discount on the sentence that he otherwise would receive of 25%.

2. The facts of the offence are, in summary, as follows. The offender and the victim had been close friends since they met at school in Tamworth. As at December 2018, the offender was living in Randwick and the victim was living in Quakers Hill. As friends, they hung out together about once a month when they would meet up for drinks or dinner or to watch movies and, because of the distance between their houses, the offender would often on these occasions sleep over at the victim’s house.

3. There was one occasion in March 2019 when there was consensual sexual intercourse between them, but after that it was agreed that that was a mistake, and that they should just continue to be friends.

4. On 12 July 2019, which was the date of the offence, the offender and the victim arranged to meet up for some dinner and drinks and it was agreed that the offender would sleep overnight at the complainant’s house afterwards. They met up at about 7 o'clock that night and went to a hotel at Rouse Hill where they each drank some five or six alcoholic drinks and then, about 10.30 or so, went to another hotel in Castle Hill where they drank some further alcohol.

5. At about 1am the hotel was closing and the accused got himself another drink while the victim waited outside. After that, they took an Uber ride to the victim’s house at Quakers Hill. By that time, the offender was heavily intoxicated and the victim was herself intoxicated, although not quite so much, and is described as being moderately intoxicated.

6. Once they got to the victim’s house, they each had a cigarette outside and got ready for bed. The victim changed in…