The Court sentenced the offender to a total of 18 months' imprisonment served by way of Intensive Corrections Orders for two counts of act of indecency without consent and one count of act of indecency in the third degree, finding beyond reasonable doubt that the offender knew the victim did not consent given her repeated verbal refusals and physical resistance. Baker J rejected the defence characterisation of the encounter as 'complex, awkward and messy' (distinguishing DPP v Earle), holding that consent to kissing and cuddling did not complicate the assessment where the victim had unequivocally communicated boundaries against further sexual contact. A 20% discount was afforded for guilty pleas entered on the first day of trial, on the basis that the pleas were consistent with a high-level offer made at the criminal case conference that had been rejected by the prosecution.
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