A man was sentenced to 14 years and 10 months in prison for raping and abusing his partner, then burgling her home. He pleaded guilty late in his trial, so the judge didn't reduce his sentence. The appeals court agreed the sentence was fair, given the severity of his crimes and his long criminal record.
Key Facts
- •Appellant pleaded guilty to burglary and possession of a class B drug.
- •Appellant initially pleaded not guilty to rape and controlling/coercive behaviour but later pleaded guilty on the second day of trial.
- •Offenses involved rape, controlling and coercive behaviour against the appellant's partner ('C'), and burglary.
- •The rape involved dragging the victim behind a bus stop, groping, and vaginal rape in broad daylight.
- •Controlling and coercive behaviour included verbal abuse, physical violence, and threats over a two-year period.
- •Burglary involved theft from the victim's home.
- •Appellant had 34 previous convictions for 64 offences.
- •Judge sentenced appellant to 14 years and 10 months imprisonment (11 years for rape, 3 years consecutive for coercive control, and concurrent sentences for burglary and drug possession).
- •A 10-month suspended sentence was activated consecutively.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply.
Sexual Offences (Amendment) Act 1992
Guidelines for reducing sentences for guilty pleas; zero credit may be given if the plea is entered late in the trial.
Sentencing Guidelines
Totality principle in sentencing; consecutive sentences are appropriate for distinct offences.
Sentencing Principles
Consideration of previous violence in determining culpability for rape.
Rape Sentencing Guidelines
Outcomes
Appeal against sentence dismissed.
The court found no error in the judge's refusal to grant credit for the late guilty plea, no double-counting in the sentencing for rape and controlling behaviour, and that the overall sentence was proportionate to the seriousness of the offending.