R v MK

District Court

New South Wales

Medium Neutral Citation:

R v MK [2022] NSWDC 566

Hearing dates:

Wednesday 3 August 2022

Date of orders:

Monday 8 August 2022

Decision date:

08 August 2022

Jurisdiction:

Criminal

Before:

Tupman DCJ

Decision:

The offender is convicted.
He is sentenced to a non-parole period of 2 years with parole thereafter of 2 years giving rise to an overall term of imprisonment of 4 years.

Catchwords:

CRIME — Sexual offences — Aggravated sexual assault — In company — Maximum sentence of 20 years — Found guilty by a jury on one count — penile vaginal intercourse — Victim was either 16 or 17 years old at the time the offence was committed — Co-offender is the sister of the victim and was the partner of the offender — Co-offender gave evidence at trial — Objective criminality falls below the mid-range — Offender does not demonstrate remorse or contrition — Offender maintains his innocence — Victim Impact Statement provided and taken into account.

Legislation Cited:

Bail Act 2013 (NSW): s 22B;

Crimes Act 1900 (NSW): s 61J;

Crimes (Sentencing Procedure) Act 1999 (NSW): s 3A;

Evidence Act 1995 (NSW): ss 66, 108(3).

Cases Cited:

Manojlovic v R; R v Manojlovic [2020] NSWCCA 315

Category:

Sentence

Parties:

Regina (The Crown)
MK (The Offender)

Representation:

Counsel:
Ms. N. Keay (The Crown)
Mr. S. Corish (The Offender)

Solicitors:
Mr. D. Rideaux (The Offender)
Mr. G. Gaynor (The Crown)

File Number(s):

2019/0017447

Publication restriction:

Section 578A of the Crimes Act 1900 (NSW) applies: There is to be no publication of anything which may identify the complainant in this matter.

Judgment

1. HER HONOUR: This is the sentence judgment in the matter of MK. The offender is before the Court for sentence after being found guilty by a jury on 23 June 2020 on count 1 in an indictment dated 27 July 2021. Count 1 is a charge contrary to s 61J of the Crimes Act 1900 (NSW) namely that between 1 June 2006 and 1 February 2007 at Cooma he had sexual intercourse with the named complainant without her consent in circumstances of aggravation, namely being in company with the named co-offender. The named co-offender is the victim’s sister. The offence carries a maximum penalty of 20 years imprisonment with a standard non-parole period of 10 years.
    

2. The offender stood trial before a jury at the District Court in Queanbeyan in June 2022 on four counts in total and was acquitted on counts 2, 3 and 4. Counts 2 and 3 were also offences of aggravated sexual intercourse involving the same complainant and alleging that he was in company with the same co offender and committed in the same premises but on two different dates. Count 4 was a count of sexual intercourse without consent contrary to s 61I of the Crimes Act, 1900 alleged to have occurred about the same time as count 3 involving the same complainant.
    

3. He thus comes for sentence before me on count 1. He was initially…