R v Givney [2020] NSWDC 353

District Court New South Wales

Medium Neutral Citation: R v Givney [2020] NSWDC 353 Decision date: 10 March 2020 Jurisdiction: Criminal Before: Payne DCJ Decision: Aggregate sentence of five years, with a non-parole period of three years three months Catchwords: SENTENCING – child sex offences – grooming child for unlawful sexual activity, Crimes Act 1900, s 66EB(3) – sexual intercourse with child 14-16, Crimes Act 1900, s 66C(3) – indecent assault person under 16 years, Crimes Act 1900, s 61M(2) Legislation Cited: Crimes Act 1900, ss 61M(2), 66C(3), 66EB(3) Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Regina (Crown) Stephen James Givney (Offender) Representation: Counsel: S Bouveng (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Geoff Archer (Offender) File Number(s): 2019/62510

Judgment 1. In relation to this matter, Stephen James Givney comes before the Court in respect of three offences. The first offence is one of grooming child, s 66EB(3) Crimes Act 1900. The maximum penalty prescribed for this offence is imprisonment for 10 years with a standard non-parole period prescribed of four years. Count 2, indecent assault person under age of 16 years (15 years), s 61M(2) Crimes Act. The maximum penalty prescribed is 10 years with a standard non-parole period of eight years. And then count 3, sexual intercourse with a person between 14 and 16 years, namely 15 years, s 66C(3) Crimes Act. The maximum penalty prescribed for the offence is 10 years with no standard non-parole period prescribed. 1. Each of the offences, it is alleged, took place on 17 November 2018. Each of them were Table 1 offences and could have been dealt with summarily but as I understand it, this was not contended otherwise than to be a factor. 2. I convict him of these offences.