R v Jonathan Anthony Deane

[2019] NSWDC 109

District Court

New South Wales

Medium Neutral Citation:	R v Jonathan Anthony Deane [2019] NSWDC 109
Hearing dates:	25 March 2019
Decision date:	28 March 2019
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For orders see [60]
Catchwords:	Sexual intercourse without consent
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Diaz v R [2018] NSWCCA 33 Doe v R [2013] NSWCCA 248 Ibbs v R (1987) 163 CLR 447 R v Hibberd (2009) 194 A Crim R 1
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Jonathan Anthony Deane (Offender)
Representation:	Counsel: M Fernando (Offender)   Solicitors: E Navea (Crown)
File Number(s):	18/201720
Publication restriction:	Pursuant to s 578A of the Crimes Act 1900, no material may be published identifying, or that may lead to identifying, the complainant

REMARKS ON SENTENCE

1. The offender is charged with one offence of sexual intercourse without consent pursuant to s 61I of the Crimes Act 1900. The maximum penalty proscribed by Parliament for the offence is 14 years imprisonment, and there is a Standard Non-Parole Period proscribed of 7 years imprisonment.

2. The offence occurred on 30 June 2018 in the circumstances described below. The offender was arrested on 30 June 2018 and as at the date of the sentence hearing, has been in custody for 8 months and 26 days.

3. The sentence hearing took place on 25 March 2019 at Moree District Court. The Crown Sentence Summary became Ex A. It included a Statement of Facts which may be summarised as follows.

4. The offender was born on 26 March 1995 and was 23 years old at the time of the offence. He was in Australia on a working holiday from the United Kingdom and had been working as a farm hand on a property near Pilliga, New South Wales.

5. The victim was also 23 years of age, and was working on the same property as a farm hand. Prior to the offending conduct, they shared a house on the farm and each had their own bedroom. They were not in a relationship and had never had any form of intimacy, but were friends.

6. On Friday 29 June 2018, the offender and victim travelled together to Narrabri, New South Wales, to enable the offender to collect some replacement parts for his car and the victim to do some shopping. Whilst in Narrabri, the car developed a mechanical problem and the offender and victim decided to stay at a motel overnight. They booked one room with two beds. During the evening the offender and victim attended two hotels where they both consumed approximately nine alcoholic drinks. After leaving the second hotel, they returned to their motel room where they consumed a bottle of wine that they had purchased earlier.

7. During the evening, both the offender and victim fell asleep on the same bed fully clothed. During the night, the offender had woken up and snuggled up to the victim in a “spooning” position, with his left hand over…