R v McKenzie [2021] NSWDC 652

District Court New South Wales

Medium Neutral Citation: R v McKenzie [2021] NSWDC 652 Hearing dates: 17/9/21, 15/10/21 Date of orders: 15/10/21 Decision date: 15 October 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 10 years with a NPP of 6 years (23/5/19-22/5/25). I find special circumstances. I allow a 5 percent discount for the pleas of guilty. The indicative sentences are: Count 1 – 5 years 8 months with NPP 3 years 4 months (Form 1 taken into account). Count 2 – 1 year 10 months (Form 1 taken into account). Count 3 – 4 years 9 months with NPP 2 years 9 months (Form 1 taken into account). Count 4 – 5 years with NPP 2 years 10 months. Count 5 – 2 years 1 month (Form 1 taken into account). Count 6 – 1 year 8 months. Count 7 – 5 years 2 months with NPP 3 years (Form 1 taken into account). Count 8 – 4 years 9 months with NPP 2 years 9 months. I recommend that the offender's laptop and mobile phone be returned by the Police to the offender's solicitor. Catchwords: Crime – Sentence – Indecent Assault – Aggravate sexual intercourse with a child between 14 and 16 years – Under the influence of a drug Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Aslan v Queen [2014] NSWCCA 114 Brown v R [2014] NSWCCA 335 Cowling v R [2015] NSWCCA 213 Doudar v R [2021] NSWCCA 37 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Mbele v R [2021] NSWCCA 182 Moody v R [2020] NSWCCA 160 R v Chishimba [2011] NSWCCA 212 R v MAK and Ors [2005] NSWCCA 369 R v Nelson [2016] NSWCCA 130 SS v R [2009] NSWCCA 114 Suleman v R [2009] NSWCCA 70 Category: Sentence Parties: NSW DPP – Crown James David McKenzie - Offender Representation: Ms Y Prowse for Crown Ms T Evers for Offender File Number(s): 2019/161923, 2019/174511, 2019/244016 Publication restriction: Non-publication order in relation to the identity of the victims