R v Lawson [2021] NSWDC 245

District Court New South Wales

Medium Neutral Citation: R v Lawson [2021] NSWDC 245 Hearing dates: 13 May 2021 Decision date: 10 June 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Non-custodial and custodial sentences; for orders see [108] Catchwords: Historical sex offending as minor and youth. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Fisher v R; R v Fisher [2021] NSWCCA 91 KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51 Mill v R (1988) 166 CLR 59 R v Daley [2010] NSWCCA 223 R v Eckersley [2021] NSWSC 562 R v Grube [2005] NSWCCA 140 R v Todd (1982) 2 NSWLR 517 R v Windle [2012] NSWCCA 222 Tammer‑Spence v R [2013] NSWCCA 297 Category: Sentence Parties: Director of Public Prosecutions (Crown) Robert Lawson (Offender) Representation: Counsel: G Harrison (Crown) R Rajalingam (Offender) File Number(s): 19/18000 Publication restriction: S 578A of the Crimes Act prohibits publication of any matter that identifies the victims of the offences

remarks on sentence 1. The offender pleaded guilty to two counts on an Indictment as follows: Count 1 – between 28 July 1981 and 28 July 1983, at North Parramatta, in the State of New South Wales, did have sexual intercourse with GL, without the consent of GL, knowing that she was not consenting. Count 2 – between 1 January 1986 and 9 February 1988, at Telopea, in the State of New South Wales, did have sexual intercourse with JF, without the consent of JF, knowing that she was not consenting. 1. Both counts are offences pursuant to s 61D(1) of the Crimes Act 1900. The maximum penalty proscribed is 8 years imprisonment and there is no Standard Non-Parole Period in respect of each offence. 2. In addition, the offender has asked to be taken into account on a Form 1, attached to Count 2, an offence of indecent assault, knowing no consent given, an offence pursuant to s 61E(1) of the Crimes Act 1900 (Sequence 10). The offender has admitted his guilt in respect of that matter and asked that it be taken into account on sentence. 3. The offender was arrested on 6 February 2019 and was in custody from 6 February 2019 to 13 August 2019, a total of 188 days.