R v Phillip Michael Summerfield
Case
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[2019] NSWDC 126
•16 April 2019
Details
AGLC
Case
Decision Date
R v Phillip Michael Summerfield [2019] NSWDC 126
[2019] NSWDC 126
16 April 2019
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.
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.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Intimidation
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Assault Occasioning Actual Bodily Harm
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Sexual Intercourse Without Consent
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Sentencing
Actions
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Cases Citing This Decision
0
Cases Cited
25
Statutory Material Cited
4
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[2009] NSWCCA 102
McCullough v R
[2009] NSWCCA 94
SC v R
[2019] NSWCCA 25