R v AB and CD [2020] NSWDC 671

District Court New South Wales

Medium Neutral Citation: R v AB and CD [2020] NSWDC 671 Hearing dates: 10/3/20-25/3/20, 21/8/20, 8/9/20 Date of orders: 8/9/20 Decision date: 08 September 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re the offender AB: Convicted and sentenced to an aggregate term of imprisonment of 6 years 6 months with a NPP of 3 years 10 months (8/9/20-7/7/24). I find special circumstances. The indicative sentences are: Count 1 – 5 years 6 months with NPP 3 years 3 months. Count 2 – 2 years 3 months. I direct that a copy of the psychological report of Kris North be forwarded to Corrective Services. Re the offender CD: Re Count 2 - Convicted and sentenced to a Community Corrections Order for a period of 2 years. In addition to the standard bond conditions, the following conditions are to apply: 1. That the offender accept the supervision of Community Corrections for as long as deemed necessary. 2. That the offender engage in counselling and/or other psychological treatment as directed by Community Corrections. The offender is to report to the Penrith office of Community Corrections by telephone within 7 days. Catchwords: Crime – Sentence – Causing grievous bodily harm to a child, being reckless as to causing actual bodily harm – Failing to provide child with the necessities of life Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: NSW DPP – Crown AB – Offender CD - Offender Representation: Counsel: Ms V Engel for Crown Mr Gelbert for offender AB Mr L Brasch for offender CD File Number(s): 2018/259535, 2018/191462 Publication restriction: Non-publication the identity of the child victim. Therefore the names of the offenders/parents are also not for publication.