R v JK [2021] NSWDC 502

District Court New South Wales

Medium Neutral Citation: R v JK [2021] NSWDC 502 Hearing dates: 20 April 2021 – 13 May 2021 Decision date: 07 July 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 22 years imprisonment with a non-parole period of 15 years imprisonment. Catchwords: CRIME — Child sex offences — Sexual intercourse with child <10 CRIME — Child sex offences — Sexual intercourse with child <16 CRIME — Child sex offences — Act of indecency with child <10 CRIME — Child sex offences — Indecent assault upon child <16 Legislation Cited: Crimes Act 1900 (NSW) ss 66A(1), 61M(2), 61O(2), 66O(2) Crimes (Sentencing Procedure) Act 1990 (NSW) ss 3A, 21A, 25AA(3) Cases Cited: Carter v R [2018] NSWCCA 138 Category: Sentence Parties: Director of Public Prosecutions (Crown) JK (Offender) Representation: Counsel: Ms D Daleo (Crown) Mr M Dennis SC (Offender)

Solicitors: Ms K Sarofim (Crown) Mr S Beal (Offender) File Number(s): 2017/00024349 Publication restriction: Non-publication order in respect of the names of the victims and the offender

SENTENCE

Introduction 1. The offender stands to be sentenced having been found guilty after trial of some 13 counts of sexual offending against three young females. Particulars of the counts upon which the jury returned verdicts of guilty are as follows: 2. In relation to the victim KCW, two counts of having sexual intercourse with a child under ten years of age between 1 January 2010 and 23 June 2013, being counts 1 and 2 on the indictment. Those two offences are offences under s 66A(1) of the Crimes Act. As at the date of the offences the maximum penalty was 25 years imprisonment and there is an applicable standard non-parole of 15 years. 3. There is also, in relation to this victim, an offence of indecent assault of a child under the age of 16 years, which occurred between 1 January 2010 and 23 June 2013, being count 4 on the indictment. That is an offence under s 61M(2) of the Crimes Act and has a maximum penalty of ten years imprisonment and there is an applicable standard non-parole period of eight years. 4. In relation to the victim ACW, there is one offence of committing an act of indecency with a child under ten years of age between 16 February 2011 and 23 June 2013, being count 5 on the indictment. That is an offence under s 61O(2) of the Crimes Act. It has a maximum penalty of seven years imprisonment and there is no applicable standard non-parole period. 5. There are, in relation to this victim, two offences of indecent assault upon a child under the age of 16 years which occurred between 16 February 2011 and 23 June 2013, being counts 7 and 8. Those two offences are offences under s 61M(2) of the Crimes Act and have a maximum penalty of ten years imprisonment with an applicable standard non-parole period of eight years. 6. In relation to the victim NM, there are six offences of having sexual intercourse with a child under ten years between 1 August 2016 and 31 December 2016, being counts 9, 10, 12, 14, 15 and 16. Those offences are offences under s 66A(1) of the Crimes Act and have a maximum penalty of life imprisonment with an applicable standard non-parole period of 15 years. The maximum penalty for offences under that provision of the Crimes Act was increased to life imprisonment on and from 29 June 2015. 7. There is in relation to NM one offence of committing an act of indecency with a child under the age of ten years between 1 August 2016 and 31 December 2016, being count 11. That is an offence under s 66O(2) of the Crimes Act and has a maximum penalty of seven years imprisonment and there is no applicable standard non-parole period. 8. The jury returned verdicts of not guilty in relation to counts 3, 6, 13, 17 and 18.