R v Williams

[2023] NSWDC 223

District Court

New South Wales

Medium Neutral Citation:

R v Williams [2023] NSWDC 223

Hearing dates:

7/11/22-29/11/22, 2/12/22, 3/3/23, 16/3/23

Date of orders:

16/3/23

Decision date:

16 March 2023

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate term of imprisonment of 6 years 10 months with a NPP of 4 years 9 months (26/5/22-25/2/27).

I find special circumstances.

The indicative sentences are:

Count 1 (H73042156/5) – 3 years 3 months with NPP 2 years 3 months.

Count 1 (H76485044/1) – 5 years with NPP 3 years 5 months.

Count 2 (H76485044/0) – 4 years with NPP 2 years 9 months.

Count 5 (H73042156/2) – 2 years.

I order that a copy of the report of Dr Pusey (contained in Exh A on sentence) be sent to Corrective Services and Justice Health.

Catchwords:

Crime – Sentence – Sexual intercourse without consent – Attempted sexual intercourse without consent – Intentional sexual touching

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Simpson v R [2014] NSWCCA 23

Category:

Sentence

Parties:

NSW DPP – Crown
Matthew James Williams - Offender

Representation:

Mr J Tunks for Crown
Mr T Thorpe for Offender

File Number(s):

2019/359768, 2020/330389

Publication restriction:

Statutory non-publication of the identity of the victims

sentence

1. I note that there is a non-publication statutory provision which prohibits the broadcasting or publication of the names of any of the victims to whom I will be referring in these remarks on sentence.

2. Mr Matthew James Williams is for sentence. He stood trial in November 2022 on two consecutive jury trials for sexual offences relating to three different complainants. In his first trial which related to the victim, JM2, the offender was found guilty of the primary charge, that being count 1, an offence of sexual intercourse without consent. The maximum penalty for that offence is 14 years’ imprisonment, and a standard non-parole period of seven years is specified.

3. His second trial related to the victims, JM and LS. On the counts relating to JM, the offender was found guilty of count 1, being an offence of sexual intercourse without consent, and on count 2, being an offence of attempting to have sexual intercourse with that same complainant without consent. Each of those offences attract a potential maximum penalty of 14 years’ imprisonment, and a seven-year standard non-parole period.

4. In relation to the complainant LS, the offender was found guilty of intentionally touching LS sexually without her consent having been found not guilty of the primary charge of attempting to have sexual intercourse without consent. I note that the offence of intentional sexual touching was expressed in the alternative. That offence carries a maximum penalty of five years’ imprisonment, but there is no standard non-parole period specified.

5. The maximum penalties, and, where applicable, standard non-parole periods, are of course important guideposts in the sentencing exercise to which I have had regard.

FACTS

6. It is for me to determine the facts on which the offender is to be sentenced which must be…