R v McKenzie [2021] NSWDC 82

District Court New South Wales

Medium Neutral Citation: R v McKenzie [2021] NSWDC 82 Hearing dates: 29 January 2021 Date of orders: 05 February 2021 Decision date: 05 February 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 12 years and 6 months imprisonment with a non-parole period of 8 years and 4 months. Catchwords: CRIME — Child sex offences — Sexual intercourse with child < 10 CRIME — Child sex offences — Indecent assault — Circumstances of aggravation — Child < 10 Legislation Cited: Crimes Act 1900 (NSW) ss 66A (1), 61M (2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(1)(l), 21A(1)(g), 21A 5 Category: Sentence Parties: Director of Public Prosecution (Crown) Paul Raymond McKenzie (Offender) Representation: Counsel: Mr Sfinas (Crown) Mr Ainsworth (Offender)

Solicitors: File Number(s): 2018/347691 Publication restriction: Statutory non-publication order re the complainant

SENTENCE

Introduction 1. After a trial before me, sitting without a jury, I found the offender guilty of the following three offences: 2. That between 22 May 2011 and 21 May 2013, at North Parramatta, the offender committed an indecent assault upon ES, a child then under the age of 16 years, namely six or seven years of age. 3. The second offence was in the same terms as in the first offence, although a different event was relied upon by the Crown. As at the time of the two indecent assault offences the maximum penalty for those two offences was ten years imprisonment and there was an applicable standard non-parole period of eight years imprisonment. The two offences were offences under s 61M (2) of the Crimes Act. 4. The third offence was an offence that between 22 May 2011 and 21 May 2013, at North Parramatta, the offender had sexual intercourse with ES, a child then under the age of ten years, namely six or seven years. As at the time of the sexual intercourse offence the maximum penalty for that offence was 25 years' imprisonment and there was an applicable standard non-parole period of 15 years. It is an offence under s 66A (1) of the Crimes Act. 5. I found the offender not guilty in relation to two further offences that were present on the indictment.