Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:

1. DAVIES J: The applicant was charged with the following offences to which he pleaded not guilty:

Counts 1 and 2: Intimidation contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The maximum penalty for this offence is 5 years imprisonment and there is no standard non-parole period.

Counts 3 to 6: Sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 (NSW). The maximum penalty for this offence is 14 years imprisonment and there is a standard non-parole period of 7 years.

Count 7: Assault occasioning actual bodily harm contrary to s 59 of the Crimes Act. The maximum penalty for this offence is 5 years imprisonment and there is no standard non-parole period.

2. The applicant stood trial before her Honour Judge S Harris and a jury. On 14 April 2023 the jury found the applicant guilty on all counts.

3. On 29 September 2023 her Honour sentenced the applicant to an aggregate sentence of imprisonment for 7 years 10 months commencing 20 June 2021 and expiring 19 April 2029 with a non-parole period of 5 years expiring 19 June 2026.

4. The indicative sentences were as follows:

Count 1: 16 months.

Count 2: 18 months.

Counts 3 to 5: Each 5 years with a non-parole period of 3 years 2 months.

Count 6: 5 years 6 months with a non-parole period of 3 years 6 months.

Count 7: 12 months.

5. The applicant filed a notice of appeal against his conviction on the following grounds:

Ground 1(a): That there was a miscarriage of justice caused by the admission of certain acts by the appellant towards the complainant as context evidence;

Ground 1(b): That there was a failure of the Crown to properly comply with the rule in Browne v Dunn concerning aspects of Dr Baltzer's expert opinion of which he was critical;

Ground 1(c): That there was a miscarriage of justice caused by the failure of the trial judge to provide a consciousness of guilt direction.

6. At the outset of the hearing of the appeal the applicant abandoned grounds 1(a) and 1(b). During the hearing of the appeal the applicant sought, and was granted, leave to add a further ground as follows:

In the alternative to ground 1(c):

Ground 1(d): That there was a miscarriage of justice occasioned by the trial judge directing the jury that it could reason that the sexual activity on early 24 December 2020 was nonconsensual based on the incidents that followed.

7. The appeal was filed out of time and the applicant seeks an extension of time. The Crown does not oppose an extension of time being given.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d692705c563b9db924a55)

Disclaimer: Curated by HT Syndication.