R v Brunker [2021] NSWDC 301

District Court New South Wales

Medium Neutral Citation: R v Brunker [2021] NSWDC 301 Hearing dates: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Criminal Before: Haesler DC DCJ Decision: Aggregate sentence of 4 years with a non-parole period of 2 years. Catchwords: CRIME – Aggravated indecent assault victim under the age of 16 years - Aggravated sexual assault victim under the age of 16 years SENTENCING — Relevant factors on sentence — long delay in reporting – vulnerable victim - abuse of trust – immediate acceptance of responsibility- one off offence by person of otherwise good character- need for care not to double count aggravating matters- victim impact- victim forgiveness for sparing her the ordeal of a trial- delay in sentencing- harsh background- intellectual disability – retribution- victim vindication- no option but a custodial sentence Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Anderson v R [1981] VR 155 DPP v De La Rosa [2010] NSWCCA 155 Munda v Western Australia (2013) 249 CLR 600 [2013] HCA 38 R v Herring (1956) 73 WN (NSW) 203 Texts Cited: Royal Commission into Institutional Responses of Sexual Abuse; Commonwealth of Australia (2017) Category: Sentence Parties: Brett Lee Brunker (the offender) Director of Public Prosecutions Representation: Solicitors: Mr G Morrison, Morrisons Law (for the offender) Ms N Olender (for Director of Public Prosecutions) File Number(s): 2020/00120092 Publication restriction: The name of the complainant is not to be published, nor is any other material that could lead to the identification of that complainant: s578A of the Crimes Act 1900; S15A Children (Criminal Proceedings) Act 1987.