R v Austin [2020] NSWDC 451

District Court New South Wales

Medium Neutral Citation: R v Austin [2020] NSWDC 451 Hearing dates: 17 July 2020 Decision date: 13 August 2020 Jurisdiction: Criminal Before: M Adams QC ADCJ Decision: 16 months imprisonment commencing on 26 August 2019 Non-parole period is 12 months Catchwords: CRIME – SENTENCE – act of indecency – early plea of guilty Legislation Cited: Crimes Act 1900 (NSW) Child Protection (Offenders Registration) Act 2000 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Director Public Prosecutions (NSW) Andrew Austin (Offender) Representation: Counsel: A Wong of Counsel (Offender) P Low, Solicitor Advocate (Crown)

Solicitors: Legal Aid Commission (Offender) Director of Public Prosecutions File Number(s): 2019/266194 Publication restriction: none

Judgment

Introduction 1. The offender Drew Monreax (known at the time of the offence as Andrew Charles Austin) comes to be sentenced on one charge to the following effect – Between 1 August 1992 and 30 September 1992 in Newtown in a state of New South Wales he assaulted a child then under the age of 10 years, namely six years of age, and at the time of such assault did commit an act of indecency on him, in circumstances of aggravation namely when the said child was under the authority of the alleged offender, an offence under s 61M(2) of the Crimes Act 1900 (as it then was). 1. The offender is liable to a maximum penalty of 10 years imprisonment. He pleaded at the earliest opportunity and is therefore entitled to a discount of 25% to the term of imprisonment which otherwise would be imposed.