Ballarat man awaits rape sentencing

By Evan Schuurman
Updated November 2 2012 - 5:45pm, first published October 17 2011 - 9:21am
Ballarat man awaits rape sentencing
Ballarat man awaits rape sentencing

A BALLARAT man who raped a 16-year-old girl after she repeatedly asked him to stop might have to wait until next year to be sentenced.Guy Daniels, 22, appeared in the County Court in Ballarat yesterday where he faces a maximum penalty of 25 years in jail following his earlier plea of guilty to one charge of rape.Crown prosecutor Justin Lewis said that one night in November last year Daniels drove the victim to one of her friend’s houses.He said that during the evening the girl decided she wanted to get a piercing and proceeded to drink four shots of vodka and then the last four or five centimetres of the bottle. She was said to have been “pretty drunk”.After setting up a mattress in the lounge room, the girl gave Daniels a back massage then went for a smoke before they watched television for about half an hour.Mr Lewis said the pair soon started cuddling and “feeling each other up”.They then began having sex but when the girl repeatedly asked him to stop, he continued.After Daniels eventually stopped, the girl went and told her friend what had happened while Daniels left the house, only to be intercepted by police. Mr Lewis said Daniels would be put on the sex offenders registry for a minimum of 15 years.For Daniels, barrister Andrew Dickenson argued that the offending fell at the lower end of the sentencing range.He said Daniels was a person who had consistently struggled with education and had endured difficulty throughout his life.But Judge John Smallwood scolded the defence, venting frustration at the lack of material provided to the court prior to sentencing.When Mr Dickenson requested a Forensicare report be conducted, Judge Smallwood labelled it “outrageous”.“There’s no way known I’m adjourning this when it won’t get on until February the way it is,” he said. To which Mr Dickenson responded, saying a delay in sentencing “would seem to be a most regrettable consequence”.Daniels, who was supported in court by a small contingent of friends and family, will have to wait until Friday to find out when he will be sentenced.

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