R v Matthews

Case [2023] NSWDC 611


District Court


New South Wales

Medium Neutral Citation: R v Matthews [2023] NSWDC 611
Hearing dates: 11 December 2023
Date of orders: 11 December 2023
Decision date: 11 December 2023
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate sentence of 12 years imprisonment with a non‑parole period of 9 years

Catchwords:

CRIME — Apprehended violence orders — Contravene apprehended violence order

CRIME — Sexual offences — Aggravated sexual intercourse without consent — Sexual intercourse without consent

CRIME — Public justice offences — Do an act with intent to pervert course of justice

CRIME — Violent offences — Assault Occasioning Actual Bodily Harm — Choking

SENTENCING — Penalties — Imprisonment

SENTENCING — Relevant factors on sentence

­— ­ Assessing the seriousness of each offence — No need for abstract descriptors — ­ Specific deterrence — General deterrence — Totality — Objective seriousness — Aggregation

SENTENCING — Sentencing procedure — Instinctive synthesis

SENTENCING — Subjective considerations on sentence — No finding of special circumstances given length of sentence — Controversial aspects of psychologists report unable to be proved

SENTENCING — Aggravating factors — Domestic violence offences — In the family home — Presence of child — Pregnant complainant — Subject to bail – Subject to ADVO — Persistent offending

SENTENCING — Mitigating factors — Prosocial support — Family history

SENTENCING — Sentencing procedure — Use of character references — Some assertions contradicted by other evidence — Victim impact

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Domestic and Personal Violence) Act 2007(NSW)

Criminal Procedure Act 1986 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Ahmu v R; DPP v Ahmu [2014] NSWCCA 312

Browning v R [2015] NSWCCA 147

Cherry v R [2017] NSWCCA 150

DH v R [2022] NSWCCA 200

Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301

Harrigan v R [2005] NSWCCA 449

Kochaiv R [2023] NSWCCA 116

Marinellis v R [2006] NSWCCA 307

Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357

MRM v R [2015] NSWCCA 195

Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120;

Munda v Western Australia [2013] HCA 38

The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270

Owen v R [2022] NSWCCA 214

R v AJP [2004] NSWCCA 434

R v Burton [2008] NSWCCA 128

R v Cahyadi [2007] NSWCCA 1; 168 A Crim R 41

R v Dunn [2004] NSWCCA 346

R v Giang [2001] NSWCCA 276

R v Harris [2007] NSWCCA 130; 171 A Crim R 267

R v Herring (1956) 73 WN (NSW) 203

R v Pangallo (1991) 56 A Crim R 441

R v Taouk (1992) 65 A Crim R 387

R v Wheeler [2000] NSWCCA 34

R v Windle [2012] NSWCCA 222

R v XX (2009) 195 A Crim R 38

Ryanv The Queen [2001] HCA 21; (2001) 206 CLR 267

Taylor v R [2007] NSWCCA 99

The Queen v Kilic [2016] HCA 48; (2016) 259 CLR 256

Van Ryn…

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Details
AGLC
R v Matthews [2023] NSWDC 611
Case
[2023] NSWDC 611
Decision Date

CaseChat Overview and Summary

The matter of R v Matthews came before the court in relation to multiple criminal offences. Matthews was charged with aggravated sexual intercourse without consent, sexual intercourse without consent, assault occasioning actual bodily harm by choking, and doing an act with intent to pervert the course of justice. Matthews also contravened an apprehended violence order (ADVO) during the period of the offences. The court was tasked with determining the appropriate sentence for these serious criminal acts.

The primary legal issues involved in this case were the assessment of the seriousness of each offence, the consideration of both aggravating and mitigating factors, and the determination of an aggregate sentence. The court had to weigh the individual and cumulative impact of the offences, including the persistent nature of the offending, the presence of a child, and the impact on the victim, against any mitigating factors such as prosocial support and family history. The court also needed to consider the totality principle and the need for specific and general deterrence in the sentencing process.

In delivering the judgment, the court found that the offences were of significant seriousness, particularly given the persistent nature of the offending and the impact on the victim. The court noted that the offences occurred in the family home and involved a pregnant complainant who was already subject to an ADVO. The court rejected the argument that the sentence should be reduced due to special circumstances, as the length of the sentence already reflected the gravity of the offences. The court also considered the psychologist's report but found that certain controversial aspects could not be substantiated. The court determined an aggregate sentence of 12 years imprisonment, with a non-parole period of 9 years, reflecting the need for both specific and general deterrence and the overall seriousness of the offending.

The final orders of the court were that Matthews be sentenced to an aggregate term of 12 years imprisonment, with a non-parole period of 9 years. This sentence was intended to reflect the seriousness of the offences, the need for deterrence, and the objective assessment of the totality of the offending behaviour.

Orders

Orders of the court

Aggregate sentence of 12 years imprisonment with a non‑parole period of 9 years

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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