A man has lost his appeal against a 21-year jail sentence for raping a woman three weeks after getting out of jail for assaulting her.
Patrick Bolton was found guilty by the County Court of two charges of rape and one charge each of common assault, making a threat to kill and intentionally causing injury.
He was sentenced to 21 years jail with a minimum of 17 years.
The Court of Appeal heard he had been sentenced as a serious sexual offender because he had previously been convicted of three counts of rape, for which he had been sentenced to 10 years and nine months jail.
Bolton appealed on the grounds that the sentencing judge erred in finding that he posed such a continuing risk to the community that a disproportionate sentence might be imposed.
He unsuccessfully sought leave to appeal against his conviction.
The court heard that between 2010 and 2014, Bolton and the complainant were in an “on and off” relationship.
It ended following a violent incident in Williamstown, for which Bolton was sentenced to 15 months jail.
After his release in 2015, Bolton moved into a Maidstone unit.
The court heard that on June 5, 2015, Bolton and the complainant were in the unit and he struck her in the face with the brief of evidence from the Williamstown incident.
He told her: “If you go to the police again, I will kill you.”
He then raped the complainant and placed a lit cigarette against her inner upper right thigh while doing so.
Bolton left the unit, but returned a short time later and again raped the complainant.
The court heard that during the trial, Bolton did not call any witnesses or give evidence.
Bolton’s counsel cross-examined the complainant at length, suggesting Bolton’s DNA was on her body because of a sexual encounter with him days earlier and she had not since showered.
Defence counsel also argued that she had raped herself with an object and burnt herself with a cigarette.
The judge discharged the jury due to concern that the jury may have had some difficulty separating the evidence actually given by the complainant from the assertions made to her in cross-examination.
The Court of Appeal ruled that the non-parole period imposed was within range and Bolton’s appeal was dismissed.
It refused his application for leave to appeal against his conviction, ruling that there
was no reasonable basis for contending that there was an error or an irregularity in the
trial.
