NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Swain [2020] NSWDC 911 Hearing dates: 1 December 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 7 years with a non-parole of 4 years Catchwords: SENTENCING — Aggravating factors — Home of victim or any other person SENTENCING — Mitigating factors — Plea of guilty – Remorse SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences CRIME — Child sex offences — Sexual intercourse with child >10 <14 — Circumstances of aggravation Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571; HCA 37 Cahyadi v R (2007) 168 A Crim R 41; NSWCCA 1 Imbornone v R [2017] NSWCCA 144 R v Dent (unreported, NSWCCA 4 March 1991) R v Nelson [2016] NSWCCA 130 Category: Sentence Parties: Regina (Crown) Jesse Swain (Offender) Representation: Counsel: Ms K Tennant (Crown) Mr J O'Sullivan (Offender)
Solicitors: Ms B Nettleton (Office of the Director of Public Prosecutions) Mr J Arms (Offender) File Number(s): 2018/00367612 Publication restriction: Statutory non-publication order in relation to the identity of the complainant
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