R v Flood [2020] NSWDC 626

District Court New South Wales

Medium Neutral Citation: R v Flood [2020] NSWDC 626 Hearing dates: 07 April 2020 Date of orders: 07 April 2020 Decision date: 07 April 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Community Corrections Order for a period of 3 years Catchwords: CRIME — Sexual offences — Indecent assault SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Good behaviour bond Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DBW v R [2007] NSWCCA 236 MJR (2002) 54 NSWLR 368 R v King [2009] NSWCCA 117 R v Qutami [2001] NSWCCA 353 Tepania v The Queen [2016] NSWCCA 247 Category: Sentence Parties: Regina (Crown)

John Kenneth Flood (Offender) Representation: Eric Navea (Crown)

Marcus Ramage QC (Offender) Angela Cook (junior counsel led by Mr Ramage QC)

Director of Public Prosecutions (NSW) (Crown)

Doyle Wilson Solicitors (Offender) File Number(s): 2018/00277579 Publication restriction: No publication of the name of the complainant nor of any information that may enable their identity to be ascertained

EX TEMPORE REVISED JUDGEMENT

Introduction 1. John Kenneth Flood, born in 1952, is today for sentence upon one charge contrary to s 76 Crimes Act 1900 which has been repealed since the events bringing forth the prosecution. He pleaded guilty on arraignment. 2. The offence was expressed in the following terms, that he: "Between 30 November 1975 and 1 February 1976, near Boggabri in the state of New South Wales did assault RA, and at the time of such assault did commit an act of indecency upon RA". 1. I refer to the complainant by her initials. She is entitled to have her privacy protected from publication; there is to be no publication that might enable her identity to be ascertained.