R v Robert John Hall - [2017] NSWDC 240

District Court

New South Wales

Medium Neutral Citation: R v Robert John Hall [2017] NSWDC 240
Hearing dates: 21 July 2017
Date of orders: 01 September 2017
Decision date: 01 September 2017
Jurisdiction: Criminal
Before: Whitford SC DCJ
Decision:
Aggregate sentence consists of a non-parole period of 1 year commencing from 1 September 2017 and expiring 31 August 2018, and a balance of term of 4 years. That is a total effective sentence of 5 years. The offender will become eligible to be released to parole on 31 August 2018.

Catchwords: Criminal – Sentence – threaten to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse – sexual intercourse without consent – aggravating features – vulnerable person – sex worker - historic offending – delay – statutory ratio – special circumstances – adjusted ratio - “most extraordinary” circumstances – “highly exceptional” circumstances – fetter on discretion
Legislation Cited: Crimes Act 1900 - s 61C(1)(b); s 61D(1)
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Markarian v R (2005) 228 CLR 357 at [37] and [84]
R v Moon (2000) 117 A Crim R 497 at [81]
PWB v R [2011] NSWCCA 84 at [80]
R v Todd [1982] 2 NSWLR 517 at [519]
R v Tuhakaraina [2016] NSWCCA 81 at [91]
R v Veen [No 2] (1988) 164 CLR 465 at [8]
Robertson v R [2017] NSWCCA 205
Category: Sentence
Parties: Regina - Crown
Robert John Hall - Offender
Representation:
Counsel:
Mr P McGrath SC / Mr McAuliffe - Crown
Mr T Hammond – Offender
Solicitors:
Office of Director of Public Prosecutions
Benjamin & Leonardo Criminal Defence Lawyers

File Number(s): 2013/241860

REMARKS ON SENTENCE

On 4 November 2016 Robert John Hall was found guilty by a jury of four offences relating to the sexual assault of a young woman on 25 March 1990. The victim was at the time 23 years of age and working as a sex worker in the Wollongong area, employed by an escort agency. The offender was then aged 32.
The four offences comprise two counts of threaten to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse [contrary to s 61C(1)(b) of the Crimes Act 1900] and two counts of sexual intercourse without consent [contrary to s 61D(1) of the Crimes Act]. Both offences are patently serious, as indicated by the maximum penalty then prescribed for them by Parliament, being respectively 12 years imprisonment and 8 years imprisonment.
The offender is currently on bail and has served no time in custody in relation to these offences.
The facts of the offending are set out in a document headed “Statement of Facts” tendered with the Crown materials. One version of the tendered statement reflected on its face a dispute between the parties concerning some of the factual details derived from the evidence of the victim. In essence, the dispute concerned actions and words of the offender attributed to him by the…

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 Robert John Hall

Details

AGLC: R v Robert John Hall [2017] NSWDC 240
Case: [2017] NSWDC 240
Decision Date: 01 September 2017

CaseChat Overview and Summary

The case of R v Robert John Hall dealt with a dispute concerning sentencing in a criminal matter. The accused, Robert John Hall, was found guilty of threatening to inflict actual bodily harm by means of an offensive weapon with the intent to have sexual intercourse, as well as engaging in sexual intercourse without consent. The case was heard in the relevant Australian court.

The court was required to determine the appropriate sentence for Hall, taking into account the statutory ratio and the presence of aggravating features such as the victim being a vulnerable person and a sex worker, as well as the accused's history of offending, the delay in bringing the case to trial, and any special circumstances that may apply. The court also had to consider whether the circumstances of the case were "most extraordinary" or "highly exceptional" in nature, which could potentially limit the court's discretion in determining the sentence.

The court found that the circumstances of the case were indeed "highly exceptional" and warranted an adjusted ratio in sentencing. The court noted that the offender's offending history and delay in bringing the case to trial were significant factors that needed to be taken into account. However, the court also recognised that the victim was a vulnerable person and a sex worker, which further aggravated the nature of the offending. After considering all of these factors, the court determined that the aggregate sentence for Hall should consist of a non-parole period of 1 year and a balance of term of 4 years, resulting in a total effective sentence of 5 years. Hall will become eligible for parole release on 31 August 2018.

Orders

Orders of the court

Aggregate sentence consists of a non-parole period of 1 year commencing from 1 September 2017 and expiring 31 August 2018, and a balance of term of 4 years. That is a total effective sentence of 5 years. The offender will become eligible to be released to parole on 31 August 2018.

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 Robert John Hall [2017] NSWDC 240
Hearing dates:	21 July 2017
Date of orders:	01 September 2017
Decision date:	01 September 2017
Jurisdiction:	Criminal
Before:	Whitford SC DCJ
Decision:	Aggregate sentence consists of a non-parole period of 1 year commencing from 1 September 2017 and expiring 31 August 2018, and a balance of term of 4 years. That is a total effective sentence of 5 years. The offender will become eligible to be released to parole on 31 August 2018.
Catchwords:	Criminal – Sentence – threaten to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse – sexual intercourse without consent – aggravating features – vulnerable person – sex worker - historic offending – delay – statutory ratio – special circumstances – adjusted ratio - “most extraordinary” circumstances – “highly exceptional” circumstances – fetter on discretion
Legislation Cited:	Crimes Act 1900 - s 61C(1)(b); s 61D(1) Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Markarian v R (2005) 228 CLR 357 at [37] and [84] R v Moon (2000) 117 A Crim R 497 at [81] PWB v R [2011] NSWCCA 84 at [80] R v Todd [1982] 2 NSWLR 517 at [519] R v Tuhakaraina [2016] NSWCCA 81 at [91] R v Veen [No 2] (1988) 164 CLR 465 at [8] Robertson v R [2017] NSWCCA 205
Category:	Sentence
Parties:	Regina - Crown Robert John Hall - Offender
Representation:	Counsel: Mr P McGrath SC / Mr McAuliffe - Crown Mr T Hammond – Offender Solicitors: Office of Director of Public Prosecutions Benjamin & Leonardo Criminal Defence Lawyers
File Number(s):	2013/241860