R v H [2021] NSWDC 107

District Court New South Wales

Medium Neutral Citation: R v H [2021] NSWDC 107 Hearing dates: 30 November 2020, 1 - 3 December 2020, 5 March 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [43] onwards Catchwords: CRIMINAL LAW –– Child sex offence – Aggravated sexual assault pursuant to s 61J(2)(d) of the Crimes Act SENTENCE –– Aggravating factors – Victim's age significantly below threshold of under 16 years provided for in s 61J(2)(d) of the Crimes Act – Victim was under the Offender's authority – Offending committed in the Victim's home – Mitigating factors – Offender's actions not planned – Offender was of prior good character – No prior convictions – Objective seriousness found to fall towards the lower end of objective seriousness – Where the standard non-parole period has been departed from SENTENCE –– Offender resided in seemingly transient accommodation – Offender has been subjected to sexual abuse – Offender experienced learning difficulties from an early age – Where the principles in Bugmy v The Queen are invoked – Offender found to be Medium-High risk of re-offending Legislation Cited: Crimes Act 1900 (NSW), ss 61J Crimes (Sentencing Procedure) Act 1999 (NSW), 21A, 3A Cases Cited: R v PGM [2008] NSWCCA 172 Bugmy v The Queen [2013] 249 CLR 571 Ellis v R [2020] NSWCCA 303 Muldrock v The Queen (2011) 244 CLR 120 Category: Sentence Parties: Regina (the Crown) H (the Offender) Representation: Counsel: Mr J. Stanhope (the Crown) Mr P. Williams (the Offender)