The barrister of a man who tried to rape a young woman in a Sydney park has questioned a judge's ability to be objective about the case, telling her she was getting "quite emotional".
Anthony Bellanto QC questioned Judge Sarah Huggett's "objectivity" and said she was "getting quite emotional about this case" in a sentence hearing at Sydney's Downing Centre District Court on Friday.
Jason Brooks, 23, had been found guilty of inflicting actual bodily harm with intent to have sexual intercourse with the victim of his attack on the night of December 28, 2013.
Mr Bellanto on Friday said there was "no basis" in Judge Huggett's criticism of the reliability of a psychological assessment conducted on Brooks.
Brooks, who suffered abuse from his stepfather as a child and was bullied at school for being obese, was diagnosed with a string of conditions including borderline personality disorder, post traumatic stress disorder and Asperger's syndrome.
"Every single solitary disorder one might possibly have seems to be present in Mr Brooks," Judge Huggett told the court.
"Your honour is getting quite emotional about this case... your honour may not have the objectivity necessary to judge this matter," Mr Bellanto told her.
"I do have the objectivity necessary to judge this matter," Judge Huggett replied.
"Your honour is very quick to respond in a way to indicate she has formed views."
Crown prosecutor Michael McColm said Brooks had now committed "four sexual assaults on young women", referring to three prior offences committed at Sydney railway stations between 2009 and 2011.
Mr Bellanto suggested that Brooks, who has already been in custody for 16 months, would have the best chance of rehabilitation if he was given a small sentence and more time on parole.
"The prison system is not designed to ameliorate and treat people with this man's serious dysfunction," Mr Bellanto said.
But Judge Huggett said Brooks had already breached two suspended sentences and a good behaviour bond before.
"If it worked in the past he wouldn't be back here," she said.
"There will have to be a substantial period of time in custody."
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