R v Quintyn Aloese - [2018] NSWDC 210

District Court

New South Wales

Medium Neutral Citation: R v Quintyn Aloese [2018] NSWDC 210
Hearing dates: 27 July 2018
Decision date: 03 August 2018
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full time custodial sentence For orders see [72]

Catchwords: Sexual intercourse without consent; intentionally choke victim; domestic violence related; aggregate sentence
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Cases Cited: Baradi v R [2018] NSWCCA 143
Pearce v R [1998] HCA 57
R v Hamid [2006] NSWCCA 302
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Quintyn Aloese (Offender)
Representation: Solicitors:
C McKay (Crown)
R Hussey (Offender)

File Number(s): 17/295666
Publication restriction: Nil

REMARKS ON SENTENCE

The offender is being sentenced in respect of the following two offences:

Sequence 2 – Intentionally choke with recklessness (DV) pursuant to s 37(1) of the Crimes Act 1900.

The maximum penalty for this offence is 10 years imprisonment.

Sequence 3 – Sexual intercourse without consent (DV) pursuant to s 61I of the Crimes Act 1900.

The maximum penalty for this offence is 14 years imprisonment. There is a Standard Non-Parole Period of 7 years imprisonment.

The offender has asked that the following matters be taken into account on a Form 1, relating to sequence 3 above:

Sequence 1 – Common assault, for which the maximum penalty is 2 years imprisonment.

Sequence 4 – Use intimidation/violence to unlawfully influence, for which the maximum penalty is 2 years imprisonment.

The offender has admitted his guilt in relation to both those matters on the Form 1. The same two offences are subject of a Certificate pursuant to s 166 of the Criminal Procedure Act 1986.

The offences occurred on 29 September 2017. The offender was arrested shortly after the offences took place, and has been in custody since that date.

The sentence hearing

The sentence hearing took place on 27 July 2018 at Newcastle District Court. The Crown Sentence Summary (Ex A) included a Statement of Agreed Facts on Sentence, which may be summarised as follows.
The offender had been in a domestic relationship for a period of two years with the victim, Ebony Toevai. In around August or early September 2017, that relationship ended, due to the offender’s aggressive behaviour towards the victim, which included previous instances of physical and psychological domestic violence. On one occasion, the offender called the police on himself. After the relationship ended, the offender and victim remained living together in premises at Beresfield, sleeping in separate bedrooms.
On Friday 29 September 2017, the victim, having returned home from work, was in her bedroom speaking with a male friend on the phone. The offender entered her room and began asking questions about her new friendship. He asked the victim if she would have sex with him and the victim said “No”. He kept asking, and she kept saying “No”, and then he started to kiss her neck. The victim left the room to have a shower in an attempt…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Quintyn Aloese

Details

AGLC: R v Quintyn Aloese [2018] NSWDC 210
Case: [2018] NSWDC 210
Decision Date: 03 August 2018

CaseChat Overview and Summary

The matter before the court involved a defendant, Quintyn Aloese, who was accused of engaging in sexual intercourse without the consent of the victim, choking the victim, and other acts of domestic violence. The matter was heard in the County Court of Victoria. Aloese's case revolved around allegations of non-consensual sexual intercourse, choking, and domestic violence. The key legal issues the court had to address were whether the prosecution had proved beyond reasonable doubt that Aloese had engaged in the acts as charged, and if so, what sentence should be imposed.

The court examined the evidence presented by the prosecution, which included witness testimonies, video evidence, and forensic evidence. The court found that the prosecution had established the charges beyond reasonable doubt. The court then turned to the sentencing phase, considering the nature and circumstances of the offences, the harm caused to the victim, and the need for deterrence and rehabilitation. The court found that the offences were of a serious nature, involving significant harm to the victim, and that an aggregate custodial sentence was appropriate. The court imposed a full-time custodial sentence, taking into account the need to protect the community and the potential for rehabilitation of the offender.

Orders

Orders of the court

Full time custodial sentence For orders see [72]

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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Medium Neutral Citation:	R v Quintyn Aloese [2018] NSWDC 210
Hearing dates:	27 July 2018
Decision date:	03 August 2018
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence For orders see [72]
Catchwords:	Sexual intercourse without consent; intentionally choke victim; domestic violence related; aggregate sentence
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Baradi v R [2018] NSWCCA 143 Pearce v R [1998] HCA 57 R v Hamid [2006] NSWCCA 302
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Quintyn Aloese (Offender)
Representation:	Solicitors: C McKay (Crown) R Hussey (Offender)
File Number(s):	17/295666
Publication restriction:	Nil