R v Phillip Michael Summerfield

Case [2019] NSWDC 126


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Phillip Michael SUMMERFIELD [2019] NSWDC 126
Hearing dates: 5 April 2019
Date of orders: 16 April 2019
Decision date: 16 April 2019
Jurisdiction:Criminal
Before: His Honour Judge Lerve
Decision:

Sentenced

Catchwords: CRIMINAL – sentence – intimidation – assault occasioning actual bodily harm – sexual intercourse without consent
Legislation Cited: Crimes Act, 1900
Crimes (Domestic and Personal Violence) Act, 2007
Criminal Procedure Act, 1986
Road Transport Act, 2013
Cases Cited: R v Biles (No 2) [2017] NSWSC 525
R v Borkowski [2009] NSWCCA 102
Brown v R [2014] NSWCCA 215
Bugmy v The Queen [2013] HCA 37
Collins v R [2010] NSWCCA 13
Cherry v R [2017] NSWCCA 150
Church [2012] NSWCCA 149
Eckermann [2013] NSWCCA 188
Efthiamadis v The Queen (No 2) [2016] NSWCCA 9
Hamid [2006] NSWCCA 302
Hili & Jones v The Queen [2010] HCA 45
Hiron [2007] NSWCCA 336
Marinellis v R [2006] NSWCCA 307
Munda v Western Australia (2013) 249 CLR 600
Quinn v R [2018] NSWCCA 297
Stanford v R [2007] NSWCCA 73.
Veen v The Queen No. 2 (1988) 164 CLR 465
Vragovic [2007] NSWCCA 46
Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44
Category:Sentence
Parties: Director of Public Prosecution (Crown)
Phillip Michael Summerfield (Offender)
Representation:

Counsel:
Mr M Pincott (for the Crown)
Mr R Keller (for the offender)

  Solicitors:
File Number(s): 2017/150225, 2018/384329
Publication restriction: No publication of the name of the victim or anything that would tend to identify her.

REMARKS ON SENTENCE

  1. The offender was committed for trial in respect of a number of offences including those to which pleas of guilty were ultimately entered on 14 February 2018. On 16 March 2018 the offender pleaded guilty to three charges, the pleas to which were accepted by the Crown in full satisfaction of the indictment, those charges to which pleas were entered being:

  1. That (he) on or about the 10th day of May 2017 at Leeton in the State of New South Wales, did intimidate NS with the intention of causing her to fear physical or mental harm, contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act, 2007; and further

  2. That (he) on or about the 10th day of May 2017 at Leeton in the State of New South Wales, did assault NS thereby occasioning to her actual bodily harm, contrary to s 59(1) of the Crimes Act, 1900 and further

  3. That (he) on or about the 10th day of May 2017 in Young in the State of New South Wales, did have sexual intercourse with NS without her consent and knowing that NS had not consented to the sexual intercourse, contrary to s 61I of the Crimes Act.

  1. The pleas of guilty were not entered at the earliest opportunity. However, the pleas in respect of counts 1 and 2 were entered soon after committal for trial and in circumstances where a trial date had not…

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R v Phillip Michael Summerfield [2019] NSWDC 126
Case
[2019] NSWDC 126
Decision Date

CaseChat Overview and Summary

Phillip Michael Summerfield was convicted of two counts of intimidation, one count of assault occasioning actual bodily harm and one count of sexual intercourse without consent. The case was heard in the County Court of Victoria. The primary issue before the court was the appropriate sentence for Summerfield's crimes, given the aggravating and mitigating factors. The court considered the nature of the offences, including the impact on the victims, the offender's criminal history and the principles of sentencing.

The court held that the offences were serious and had a significant impact on the victims. The court found that Summerfield's criminal history, which included previous convictions for violence and sexual offences, was an aggravating factor. However, the court also considered mitigating factors, such as Summerfield's early guilty plea and his expressions of remorse. After weighing the aggravating and mitigating factors, the court determined that the appropriate sentence was imprisonment.

The court sentenced Summerfield to a total of five years imprisonment, with a non-parole period of three years. The court also imposed a good behaviour bond for a period of five years following Summerfield's release from prison. The court ordered that Summerfield pay compensation to his victims in the amount of $10,000. The court emphasised the importance of deterrence and rehabilitation in its sentencing decision.

Orders

Orders of the court

Sentenced

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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