R v Graham (a pseudonym) [2020] NSWDC 747

District Court New South Wales

Medium Neutral Citation: R v Graham (a pseudonym) [2020] NSWDC 747 Hearing dates: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 15 years. Non parole period of 11 years. Catchwords: CRIME — Child sex offences — Sexual intercourse with child <10 - Sexual intercourse with child >10 <14 - Sexual offences - Indecent assault - Circumstances of aggravation - Persistent sexual abuse of a child SENTENCE – Maximum penalty life imprisonment SENTENCE - Relevant factors on sentence – father and daughter- escalating abuse - age of child - period over which abuse occurred - abuse of position authority over the victim - breach of trust - need for care to double count aggravating features series of criminal acts – admissions on arrest - early guilty plea - impact of abuse on child – remorse or regret - COVID 19 not eligible for early release – impact of offender's intellectual disability - special circumstances not required. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Anderson v R (1981) VR 155 DPP v De La Rosa [2010] NSWCCA 155 R v Herring (1956) 73 WN (NSW) 203 R v Jarvis (a pseudonym) [2020] NSWDC 396 Category: Sentence Parties: John Graham (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender) Mr D Scully, Deputy Senior Crown Prosecutor