R v HJS [2020] NSWDC 480

District Court New South Wales

Medium Neutral Citation: R v HJS [2020] NSWDC 480 Date of orders: 21 Augusts 2020 Decision date: 21 August 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [68] Catchwords: CRIME — Sexual offences — Sexual intercourse without consent CRIME — Sexual offences — Indecent assault Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v The Queen [2011] HCA 39 Ibbs v The Queen (1987) 163 CLR 447 R v Holder [1983] 3 NSWLR 245 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Texts Cited: Nil Category: Sentence Parties: Regina (Crown) HJS (Offender) Representation: Webb for the Director of Public Prosecutions Davenport SC for the Offender File Number(s): 2018/00329801 Publication restriction: Unrestricted

Contents Judgment Introduction Standard non-parole period The facts Objective seriousness Section 21A. Subjective case Psychologist's report Testimonials Sentencing Assessment Report Covid 19 Guilty plea Good character Likelihood of reoffending Remorse and contrition Good prospects Totality Special circumstances Sentencing considerations Variation from SNPP Orders

Judgment

Introduction 1. The offender appears for sentence on two charges of sexual assault under section 61I of the Crimes Act. Each charge has a maximum penalty of 14 years and there is a standard non-parole period of 7 years. There are no matters to take into consideration under the Form 1 procedure and there are no related or backup offences. 2. The offending occurred on 27 October 2018. The offender was born on 13 August 1958. The offender was therefore 60 years old at the time of this offending. He was employed as a school teacher at that time. At the time of the offending he had no criminal history, though it was to transpire that he had offended in the previous 12 months by way of common assault. 3. Since his arrest the offender has spent no time in custody for this offending (but had served 3 months of his Local Court sentence for common assault, which was later set aside). He has spent time at a rehabilitation facility to deal with his alcoholism. The offender spent nine weeks at that facility. 4. The ultimate issue arising from the submissions made on behalf of the offender and made on behalf of the Crown is whether in the circumstances of this case there is any other sentence more appropriate than a full time custodial sentence.