intoxication

This domestic violence case involved an appeal against a sentencing decision. The defendant was found guilty and sentenced to five years and seven months imprisonment for the manslaughter of his spouse after a history of domestic violence against his wife and other family members. The trial court considered the defendant's circumstances of disadvantage – that he was an Aboriginal man and grew up in an environment that normalized violence and alcohol abuse – as mitigating factors.

In his initial trial, a jury found the accused guilty of the crime of sexual intercourse without consent.  He appealed and was granted a retrial, which was a bench trial (no jury).  The focus of the retrial was whether the complainant had consented and, if not, whether the accused knew.  The complainant (then 18) and the accused (then 21) met at a Sydney nightclub.  Soon after meeting, and after having danced and kissed on the dance floor, the accused anally penetrated the complainant in an alleyway behind the club.  During the retrial, the court did not believe tha