R v Wright [2020] NSWDC 411

District Court New South Wales

Medium Neutral Citation: R v Wright [2020] NSWDC 411 Hearing dates: 9 March 2020 Date of orders: 7 May 2020 Decision date: 07 May 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Offender sentenced to aggregate term of 4 years and 8 months imprisonment with a non-parole period of 3 years. Catchwords: CRIME — Sexual offences — Act of indecency Legislation Cited: Crimes Act 1900 (NSW), ss 81, 78K Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 25AA, 3A Cases Cited: R v Egan [2016] NSWLR 285 R v Catell [2019] NSWCCA 297 Category: Sentence Parties: Director of Public Prosecutions (Crown) Donald Stanley Wright (Offender) Representation: Counsel: Mr D Robinson (Crown) Mr E Kerkyasharian (Offender)

Solicitors: Mr C Watson (Offender) File Number(s): 2016/385148 Publication restriction: There is to be no publication of any material that identifies or is likely to lead to the identification of the complainants.

SENTENCE

Introduction 1. The offender stands to be sentenced, having pleaded guilty to an indictment containing the following three offences. That between 1 June 1971 and 31 July 1971 at Brooklyn, he assaulted a male, namely, LW, now known as LH and committed an act of indecency on him. That is an offence under s 81 of the Crimes Act and has a maximum penalty of five years imprisonment. 2. The second offence is an offence that between 1 January 1990 and 31 December 1990, he had sexual intercourse with LT, a male person above the age of ten years and under the age of eighteen years, namely thirteen years. That is an offence under s 78K of the Crimes Act and has a maximum penalty of ten years imprisonment. 3. The third offence is an offence that between 10 December 1992 and 31 January 1993 at Kingswood he had sexual intercourse with PT, a male person above the age ten years and under the age of eighteen years, namely, thirteen years. That too is an offence under s 78K of the Crimes Act and has the same maximum penalty as the offence in Count 2. None of the offences are subject to a standard non-parole period. 4. There are three Form 1s. When sentencing the offender on Count 1 he acknowledges his guilty in relation to two further indecent assault offences in relation to LH and asks that I take them into account. 5. When sentencing the offender on Count 2 he acknowledges his guilt in relation to an offence of committing an act of gross indecency with LT who at that time was a male under eighteen years of age, namely, thirteen years. He asks that I take that offence into account when I sentence him on Count 2. 6. When sentencing the offender on Count 3 he acknowledges his guilt in relation to an offence of committing an act of indecency towards PT, a person under the age of sixteen years, namely fourteen years. He asks that I take that offence into account when I sentence him on Count 3.