R v DSM [2021] NSWDC 283

District Court New South Wales

Medium Neutral Citation: R v DSM [2021] NSWDC 283 Hearing dates: 15/2/21-25/2/21, 23/4/21 Date of orders: 23/4/21 Decision date: 23 April 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a NPP of 3 years 6 months (31/3/21-30/9/24). I find special circumstances. The indicative sentences are: Count 1 – 3 years 6 months with NPP 2 years 2 months Count 2 – 18 months with NPP 11 months. Count 3 – 2 years 6 months with NPP 18 months Count 4 – 3 years 3 months with NPP 2 years. Catchwords: Crime – Sentence – Indecent assault under 16 years Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v MJR [2002] 54 ACrimR 368 R v Nelson [2016] NSWCCA 130 Category: Sentence Parties: NSW DPP – Crown DSM - Offender Representation: Ms E Curran for Crown Mr B Levet for Offender File Number(s): 2019/119653 Publication restriction: Non-publication order in relation to the identity of the complainant and the offender.

Judgment 1. I note firstly that there is a non-publication statutory provision which applies in this case such that there must be no naming or identification of the victim, who I will refer to in these remarks as MM. 2. The offender DSM stood trial before a jury at Parramatta over nine days from 15 February 2021 on an indictment containing 10 counts. On 25 February 2021 the jury returned not guilty verdicts on counts 5 through to 10 but guilty verdicts on 1 through to 4. 3. Those counts involve four offences under s 61M(2) of the Crimes Act 1900, those being offences of indecent assault upon a person aged under 16 years and it is now necessary for the Court to sentence the offender for those offences. 4. The maximum penalty for each of the offences is 10 years imprisonment and each of them have specified a standard non-parole period of eight years. Of course the maximum penalty and the standard non-parole period are important guideposts in the sentencing exercise which I must undertake.