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District Court 12 September 2024

R v Reynolds

[2024] NSWDC 425

Sexual offencesAssault & violenceFirearms & weaponsDomestic & family violence

Citation: R v Reynolds [2024] NSWDC 425
Court: District Court of New South Wales
Date: 12 September 2024
Judge: Scotting DCJ

Background

The offender and the victim had been in an on-and-off domestic relationship for approximately three years and shared a young child together. In late October 2022, the family travelled from Dubbo to Sydney so that the victim's eldest child could undergo surgery. The family, along with a friend, stayed at a hotel in Bondi Junction.

Over two days, the offender carried out a serious and escalating series of violent and sexual offences against the victim, who was eleven weeks pregnant at the time. The offending took place in the hotel room and included choking, threats with scissors, assault, and non-consensual sexual touching.

The offender pleaded guilty in the District Court to five counts, with a further four offences taken into account on a Form 1 (that is, additional offences formally acknowledged at sentencing but not separately punished). The matter proceeded to sentencing before Scotting DCJ.

  • The appropriate sentence for a series of domestic violence offences including intentional choking, use of an offensive weapon to intimidate, assault occasioning actual bodily harm, and sexual touching without consent
  • Whether special circumstances existed to justify a longer parole period relative to the non-parole period
  • The appropriate discount to apply for a guilty plea entered in the District Court
  • The weight to be given to the offender's mental health, remorse, and rehabilitative prospects as mitigating factors

Decision

Scotting DCJ sentenced the offender on an aggregate basis across all counts. The judge applied a 10% guilty plea discount pursuant to s 25D(2)(b)(ii) of the Crimes (Sentencing Procedure) Act 1999, reflecting that the plea was entered in the District Court rather than at an earlier stage. The judge also applied the guideline principles from Attorney General's Application No 1 of 2022 in relation to the Form 1 offences.

The judge found genuine contrition, noting the offender's expressions of remorse to a psychologist and in a personal letter to the Court, as well as his completion of a Remand Domestic Violence Course while in custody. Psychological reports were considered, and the offender's mental health conditions were accepted as relevant to the overall assessment of his circumstances.

Special circumstances were found on three grounds: it was the offender's first period of custody; he required ongoing mental health treatment; and he required domestic violence-specific intervention to reduce the risk of reoffending. These factors combined to justify extending the ratio of parole supervision relative to the non-parole period beyond the statutory default.

The judge also noted that the offender's time in custody had been more onerous than usual, given ongoing COVID-19 restrictions, his placement in protective custody following an assault in prison, and his mental health conditions.

Orders Made

  • The offender was convicted on all counts
  • An aggregate sentence of 4 years imprisonment was imposed, with a non-parole period of 2 years and 3 months
  • The sentence was backdated to 6 November 2022 (the date of arrest)
  • Non-parole period to expire on 5 February 2025; head sentence to expire on 5 November 2026
  • The offender became eligible for release on parole on 5 February 2025

The individual sentences that would have been imposed (before aggregation) were:
- Count 2 (intentional choking, with Form 1 matters): 18 months
- Count 3 (use of offensive weapon to intimidate, with Form 1 matter): 2 years
- Count 5 (assault occasioning actual bodily harm): 18 months
- Count 6 (sexual touching without consent, with Form 1 matter): 18 months
- Sequence 8 (common assault): 6 months

Key Takeaways

  • A guilty plea entered in the District Court (rather than at the Local Court or committal stage) attracted only a 10% discount under s 25D(2)(b)(ii) of the Crimes (Sentencing Procedure) Act 1999, not the higher discounts available for earlier pleas.
  • Special circumstances justifying a longer parole period can arise from a combination of factors, including a first period of custody, mental health treatment needs, and the requirement for offence-specific rehabilitative programs.
  • Where a defendant serves time in protective custody and under COVID-19 restrictions, sentencing courts may treat that custody as more onerous than standard imprisonment, even if no formal adjustment to the sentence length is made.
  • Completing a Remand Domestic Violence Course while in pre-sentence custody can be accepted as evidence of genuine contrition and a commitment to rehabilitation.
  • Under the aggregate sentencing regime in s 53A of the Crimes (Sentencing Procedure) Act 1999, the court constructs individual notional sentences before combining them, preserving transparency about how each offence was weighted.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW): ss 37(1A), 33B(1)(a), 59(1), 61, 61KC(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 5, 21A, 25D, 53A, 166

Cases
- Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 (guideline judgment on Form 1 offences)
- Muldrock v R (2011) 244 CLR 120
- Palijan v R [2010] NSWCCA 142
- R v Olbrich (1999) 199 CLR 270 (standard of proof for findings of fact at sentencing)