R v A [2021] NSWDC 232

District Court New South Wales

Medium Neutral Citation: R v A [2021] NSWDC 232 Hearing dates: 07, 08, 09, 10, 11 and 15 December 2020 5 April 2021 and 7 May 2021 Crown written submissions 11 March 2021 and 5 May 2021 Defence written submissions 1 April and 27 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [84] onwards Catchwords: CRIMINAL LAW –– Child sex offence – Maintaining an unlawful sexual relationship with a child SENTENCE –– Aggravating factors – Offence committed in position of trust and vulnerability of victims considered – Mitigating factors – No prior convictions – Prior good character – Offender's moral culpability reduced in line with the principles in R v Bugmy – Offender's time in custody is more onerous due to his mental and physical health – Offender at low risk of reoffending and has good prospect of rehabilitation notwithstanding his denial of offending – Finding of special circumstances by reasons of the Offender's health and favourable prospects of rehabilitation SENTENCE –– Where the interpretation of section 66EA of the Crimes Act 1900 (NSW) is distinguishable from that found for in section 50 of the Criminal Law Consolidation Act 1935 (SA) in Chiro v R [2017] HCA 37 Legislation Cited: Crimes Act 1900 (NSW), ss 66EA, 66C, 61M, 66D Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30, 21A, 44 Criminal Law Consolidation Act 1935 (SA), s 50 Cases Cited: ARS v R [2011] NSWCCA 266 R v D [1997] SASC 6350 R v Fitzgerald (2004) 59 NSWLR 493. Chiro v R [2017] HCA 37. KMC v Director of Public Prosecutions (SA) [2020] HCA 6. Burr v R [2020] NSWCCA 282 Corby v R [2010] NSWCCA 146 R v KLN (2005) 154 A Crim R 268 R v Kennedy [2000] NSWCCA 527 Bugmy v R [2013] HCA 37; 249 CLR 571 R v Fernando (1992) 76 A Crim R 58 R v Perkins [2018] NSWCCA 62 Judge v R [2018] NSWCCA 203 R v Millwood [2012] NSWCCA 2 Alseedi v R [2009] NSWCCA 185 Ali v R [2010] NSWCCA 35 Qutecher v the Queen [2010] NSWCCA 257 Park v R [2010] NSWCCA 151 MLP v R [2014] NSWCCA 183 Category: Sentence Parties: Regina (the Crown) A (the Offender) Representation: Counsel: Ms J. Krippner (the Crown) Ms P. David (the Offender)