R v Gladstone [2021] NSWDC 312

District Court New South Wales

Medium Neutral Citation: R v Gladstone [2021] NSWDC 312 Hearing dates: 9 July 2021 Decision date: 09 July 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 3 years 3 months with a non-parole period of 2 years. Catchwords: CRIME- Attempt sexual intercourse without consent - sexual touching. SENTENCING - relevant factors on sentence – sentence after trial - offences against step daughter - first offender - hardship to family - time on remand - is a custodial sentence required. Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Cases Cited: Brown v R [2020] VSC 60 Cahyadi v Regina [2007] NSWCCA 1 Dipangkear v R [2010] NSWCCA 156 Einfeld v R [2010] NSWCCA 87; 200 A Crim R 1 Gore v R [22010] NSWCCA 330 Hoskins v R [2016] NSWCCA 157 Mill v The Queen (1988) 166 CLR 59 Nguyen v The Queen [2016] HCA 17 R v Edwards (1996) 90 A Crim R 510 R v Robertson [2017] NSWCCA 205 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Silvano v R [2008] NSWCCA 18; (2008) 184 A Crim R 593 Category: Sentence Parties: Mark Gladstone (the offender) Director of Public Prosecutions Representation: Counsel: Mr G Scragg (for the offender)

Solicitors: Hansons (for the offender) Mr D Coulton, Solicitor Advocate Director of Public Prosecutions. File Number(s): 2020/00099864 Publication restriction: A non-publication order pursuant to the Courts Suppression and Non publication Orders Act 2010 has been made in order to protect the identity of the complainant. Given her relationship with the offender that order also covers the offender.