Event and Time
Event Description
A domestic partner (the complainant) alleged a series of serious offences committed by the applicant over a two-year period (May 2002 - May 2004). The charges included assault, threats to kill, rape, recklessly causing injury, false imprisonment, and indecent assault. The applicant pleaded not guilty to all charges.
Application and Claims
The applicant faced a jury trial in the County Court, where the jury found him guilty of various charges, including:
- One charge of making a threat to kill
- Three charges of rape
- One charge of false imprisonment
- One charge of indecent assault
The applicant was acquitted of several charges, including assault and three making threats to kill, and the judge directed an acquittal on one charge of rape.
Judicial Decisions
On conviction, the applicant was sentenced on 23 November 2022:
- Charge 7 (Threat to kill): 2 years imprisonment
- Charge 9 (Rape): 8 years imprisonment
- Charge 10 (False imprisonment): 2 years imprisonment (concurrent)
- Charge 11 (Indecent assault): 2 years imprisonment (concurrent)
- Total effective sentence: 13 years, with a non-parole period of 9 years 6 months.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Argument: The applicant maintained his innocence, challenging the credibility of the complainant and the lack of sufficient evidence regarding the charges.
- Prosecution's Claims: The prosecution presented compelling evidence, including a victim impact statement, and highlighted the serious nature of the offences, the history of violence, and the psychological impact on the complainant.
- Evidence: The victim presented a victim impact statement demonstrating long-lasting trauma, while the applicant's history of substance abuse and lack of remorse were cited as aggravating factors.