R v WS - [2025] NSWDC 463

District Court

New South Wales

Medium Neutral Citation: R v WS [2025] NSWDC 463
Hearing dates: 27 October 2025
Date of orders: 7 November 2025
Decision date: 07 November 2025
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
[83] I make the following orders:
(1) The offender is convicted of the offences.
(2) The indicative sentences with respect to counts 2, 3, 4, 5, 6, 9, 10, 11 and sequences 2, 5, 7, and 10 are set out above.
(3) With respect to sequences 1, 3 and 9 the offender is convicted without imposing any other penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999.
(4) The offender is sentenced to an aggregate term of imprisonment of 10 years commencing 21 June 2025 and expiring 20 June 2035.
(5) I impose non-parole period of 6 years 3 months to expire 20 September 2031. The earliest date the offender is eligible for release is 20 September 2031.
(6) [ADVO orders redacted].

Catchwords:
CRIME — domestic violence — sexual intercourse without consent — choking, suffocation or strangulation — stalking or intimidation — armed with intent to commit indictable offence — common assault
CRIME — sexual offending — where offending took place in the context of a highly sexual consent-no-consent relationship
SENTENCING — where crimes committed against one victim over extended period — victim impact statement
SENTENCING — aggravating factors — in the presence of infant — armed with a weapon - where offending took place in victim’s home — where offending aggravated by being in the victim’s home notwithstanding that the offender and victim lived in the home together
CRIME — offences on s 166 certificate found to be proven by the Court

Legislation Cited:
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900

Cases Cited:
Alseedi v R [2009] NSWCCA 185
Biddle v The Queen [2017] NSWCCA 128
DC v R [2023] NSWCCA 82
Director of Public Prosecutions (NSW) v Darcy-Shillingsworth (2017) 269 A Crim R 40
Hall v R [2021] NSWCCA 220
Hesketh v R [2021] NSWCCA 262
Jonson v R [2016] NSWCCA 286
R v Brown [2023] NSWDC 477
R v Brown [2023] NSWDC 477
R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381
R v Olbrich (1999) 199 CLR 270
R v Storey [1998] 1 VR 359 at 369
RA v R [2024] NSWCCA 149

Category: Sentence
Parties: Rex, WS
Representation:
Counsel:
B Hart (Offender)
G Steedman (Crown)
Solicitors:
Clowry & Associates (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2022/00096692
Publication restriction: Nothing is to be published which identifies the complainant or is likely to lead to the identification of the complainant.

JUDGMENT

On 26 June 2025, following a trial in the District Court at Wollongong a jury of 11 (unanimous) found the offender guilty of the following offences:

Count 2: Intentionally choke so as to render unconscious, insensible or incapable of resistance contrary to s 37(1) of 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 WS

Details

AGLC: R v WS [2025] NSWDC 463
Case: [2025] NSWDC 463
Decision Date: 07 November 2025

CaseChat Overview and Summary

In the matter of the Regina versus WS, the respondent was convicted on multiple counts of serious criminal offences including sexual intercourse without consent, choking, suffocation or strangulation, stalking or intimidation, and armed with intent to commit an indictable offence. The case was heard in the Supreme Court of New South Wales. The court had to decide on the legal issues regarding the nature of the relationship between the offender and the victim, the severity of the crimes committed, and the appropriate sentencing in light of the crimes' impact on the victim and the aggravating factors present.

The court examined the relationship dynamics between the offender and the victim, which were highly sexualised and fraught with consent issues. It also evaluated the multiple instances of violence and intimidation, which escalated over time, and occurred in the victim’s home. The presence of an infant during some of the offences was considered an aggravating factor. The court also deliberated on the appropriateness of imposing indicative sentences and the aggregate term of imprisonment, considering the impact on the victim as detailed in the victim impact statement.

The court concluded that the offender's actions constituted serious criminal behaviour, warranting a significant custodial sentence. The court found that the offences were aggravated by the presence of a weapon, the victim’s young child, and the fact that the crimes occurred in the victim’s home. The court set an aggregate term of imprisonment of 10 years, with a non-parole period of 6 years and 3 months. The court also made orders regarding an AVO, which are redacted from the public record.

The court's final orders included the conviction of the offender on all charges, the imposition of specific sentences for certain counts, and the setting of an aggregate term of imprisonment. The offender is to begin serving this sentence from 21 June 2025 and will be eligible for release on or after 20 September 2031, following the completion of the non-parole period.

Orders

Orders of the court

[83] I make the following orders:

(1) The offender is convicted of the offences.

(2) The indicative sentences with respect to counts 2, 3, 4, 5, 6, 9, 10, 11 and sequences 2, 5, 7, and 10 are set out above.

(3) With respect to sequences 1, 3 and 9 the offender is convicted without imposing any other penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999.

(4) The offender is sentenced to an aggregate term of imprisonment of 10 years commencing 21 June 2025 and expiring 20 June 2035.

(5) I impose non-parole period of 6 years 3 months to expire 20 September 2031. The earliest date the offender is eligible for release is 20 September 2031.

(6) [ADVO orders redacted].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v WS [2025] NSWDC 463
Hearing dates:	27 October 2025
Date of orders:	7 November 2025
Decision date:	07 November 2025
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	[83] I make the following orders: (1) The offender is convicted of the offences. (2) The indicative sentences with respect to counts 2, 3, 4, 5, 6, 9, 10, 11 and sequences 2, 5, 7, and 10 are set out above. (3) With respect to sequences 1, 3 and 9 the offender is convicted without imposing any other penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999. (4) The offender is sentenced to an aggregate term of imprisonment of 10 years commencing 21 June 2025 and expiring 20 June 2035. (5) I impose non-parole period of 6 years 3 months to expire 20 September 2031. The earliest date the offender is eligible for release is 20 September 2031. (6) [ADVO orders redacted].
Catchwords:	CRIME — domestic violence — sexual intercourse without consent — choking, suffocation or strangulation — stalking or intimidation — armed with intent to commit indictable offence — common assault CRIME — sexual offending — where offending took place in the context of a highly sexual consent-no-consent relationship SENTENCING — where crimes committed against one victim over extended period — victim impact statement SENTENCING — aggravating factors — in the presence of infant — armed with a weapon - where offending took place in victim’s home — where offending aggravated by being in the victim’s home notwithstanding that the offender and victim lived in the home together CRIME — offences on s 166 certificate found to be proven by the Court
Legislation Cited:	Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	Alseedi v R [2009] NSWCCA 185 Biddle v The Queen [2017] NSWCCA 128 DC v R [2023] NSWCCA 82 Director of Public Prosecutions (NSW) v Darcy-Shillingsworth (2017) 269 A Crim R 40 Hall v R [2021] NSWCCA 220 Hesketh v R [2021] NSWCCA 262 Jonson v R [2016] NSWCCA 286 R v Brown [2023] NSWDC 477 R v Brown [2023] NSWDC 477 R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 R v Olbrich (1999) 199 CLR 270 R v Storey [1998] 1 VR 359 at 369 RA v R [2024] NSWCCA 149
Category:	Sentence
Parties:	Rex, WS
Representation:	Counsel: B Hart (Offender) G Steedman (Crown) Solicitors: Clowry & Associates (Offender) Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2022/00096692
Publication restriction:	Nothing is to be published which identifies the complainant or is likely to lead to the identification of the complainant.