R v Kelly [2020] NSWDC 742

District Court New South Wales

Medium Neutral Citation: R v Kelly [2020] NSWDC 742 Hearing dates: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Criminal Before: Haesler DC DCJ Decision: Aggregate sentence of 10 years with a non parole period of 7 years. Catchwords: CRIME – Commit act of indecency with person 16 years or over - Assault with act of indecency - Sexual intercourse without consent- multiple acts. SENTENCING – Relevant factors on sentencing – early guilty plea - victim impact – background of deprivation - family support- an above average risk of re-offending on release - limited insight- need for intensive custodial‑based treatment Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Abbas and Others v R [2013] NSWCCA 115 Attorney General's Application No. 1: (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571 Thompson v R (2000) 49 NSWLR 383 Category: Sentence Parties: Kane Dalton Kelly (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender)

Solicitors: Legal Aid NSW (for the offender) Ms N Olender (for Director of Public Prosecutions) File Number(s): 2019/00300222 Publication restriction: The names of the complainants are not to be published, nor is any other material that could lead to the identification of those complainants: s578A of the Crimes Act 1900.