R v MS (No 2) [2020] NSWDC 772

District Court New South Wales

Medium Neutral Citation: R v MS (No 2) [2020] NSWDC 772 Hearing dates: 27 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: The offender is sentenced to a term of imprisonment for 6 years with a non-parole period of 4 years. For orders see [49]. Catchwords: Sentence - aggravated sexual intercourse with a person above the age of 10 and below the age of 14 years – offender was the stepfather of the victim – use of a vibrator – occurred in the home of the victim – whether abuse of trust and abuse of authority different concepts - whether abuse of trust can be aggravating factor where abuse of authority is element of offence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Beavis v Regina [2018] NSWCCA 248 Director of Public Prosecutions (NSW) v Burton [2020] NSWCCA 54 Markarian v The Queen [2005] HCA 25 MRW v R [2011] NSWCCA 260, Muldrock v The Queen (2011) 244 CLR 120 R v CMB [2014] NSWCCA 5 R v Gavel (2014) 239 A Crim R 469 R v BJW (2000) 112 A Crim R 1 R v Fisher (1989) 40 A Crim R 442 Category: Sentence Parties: Regina (Crown) MS (Defendant) Representation: Counsel: Mr McMaster (Crown) Ms O'Reilly (Defence) Solicitors: The Director of Public Prosecutions (Crown) Legal Aid Commission (Offender) File Number(s): 2018/00286896 Publication restriction: Non publication order for the name of the complainants or any information that may identify her.