R v Barton (a pseudonym) [2020] NSWDC 389

District Court New South Wales

Medium Neutral Citation: R v Barton (a pseudonym) [2020] NSWDC 389 Hearing dates: 21 July 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [47] Catchwords: CRIME — Sexual offences — Sexual assault Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v The Queen [2011] HCA 39 Perrin v Regina [2006] NSWCCA 64 R v Tadrosse [2005] NSWCCA 145 R v Henry (1999) 46 NSWLR 346 Perkins v R [2018] NSWCCA 62 Cowling v R [2015] NSWCCA 213 McCartney v R [2009] NSWCCA 244 Sabapathy v R [2008] NSWCCA 82 Cahyadi v R [2007] NSWCCA 1 R v MA [2004] NSWCCA 92 Category: Sentence Parties: Regina (Crown) Accused (Barton) Representation: Counsel: Ms Oliver for the Crown; Mr Cochrane for the offender File Number(s): 2018/00234957 Publication restriction: Unrestricted

Contents Judgment Introduction Charge, maximum sentence, SNPP Standard non-parole period The facts Objective seriousness Section 21A. Subjective case Psychiatrist report Good character Likelihood of reoffending Remorse and contrition Good prospects Victim impact statement Comparable cases Accumulation Special circumstances Sentencing considerations Orders

Judgment

Introduction 1. The offender was found guilty of two counts of sexual assault following a judge alone trial before me. The offender was born on 30 October 1968 and so is now 51 years old. The offending occurred in June 2018, when the offender was 49 years old. The victim was 27 years old at the time of the offending.