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CEO's jail term cut for sex offences

AAP logoAAP 11/08/2016 By Margaret Scheikowski

A Sydney mining company executive convicted of a sex attack on a woman at night in his office has lost his legal bid to be cleared of all charges.

But the NSW Court of Criminal Appeal quashed one of his four convictions and cut his minimum two-year jail term by three months.

Glen Paul Darby, 35, was charged with nine sex offences relating to a woman who he said had consented to all the acts.

The jury acquitted him of five charges and he appealed his four convictions claiming there was an inconsistency between the guilty and not guilty verdicts.

His lawyers contended there was no "logical way of differentiating" between the verdicts, especially as the crown case was one of continuous conduct.

The woman testified that all the sex acts were non-consensual, occurring during the one episode in 2012 in his office after they left a bar.

Justice Stephen Rothman, sitting with Justices Stephen Gleeson and Geoff Bellew, said there was nothing in the woman's evidence or cross examination that raised a reasonable doubt as to her truthfulness.

"As a consequence, there is no reasonable doubt that the complainant did not consent to the sexual conduct that occurred," he said.

But he found that the crown didn't prove beyond reasonable doubt that Darby did not perceive initially that the woman was a willing participant in sexual conduct.

Three of the matters with which he was found guilty occurred after the woman said "if you do that, it will be rape".

But, in quashing the fourth conviction, the judge said he had a doubt as to the timing of that act.

Darby's maximum four-year term was cut to three years and six months.

"I note that (Darby) has a criminal history that includes domestic violence offences, resisting police and other violent crimes," the judge said.

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