R v Dean [2021] NSWDC 676

District Court New South Wales

Medium Neutral Citation: R v Dean [2021] NSWDC 676 Hearing dates: 24 September 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 5 years and 6 months with non-parole period of 3 years and 4 months Catchwords: CRIME — Child sex offences — Sexual intercourse with child >10 <14 CRIME — Child sex offences — Indecent assault with child <16 SENTENCING — Penalties — Imprisonment Legislation Cited: Crimes Act 1900 (NSW) ss 66C(1), 61M(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A Category: Sentence Parties: Director of Public Prosecutions (Crown) Nicholas Dean (Offender) Representation: Counsel: Mr R Murray (Crown) Ms S Hall (Offender) File Number(s): 2019/342632 Publication restriction: Publication restriction regarding name of victim

SENTENCE

Introduction 1. The offender stands to be sentenced, having been found guilty by a jury after trial of the following two offences. That between 1 March 2016 and 31 March 2017 in Galston the offender had sexual intercourse with MS, MS being a person above the age of ten years and under the age of 14 years, namely a person of the age of 11 or 12 years. That is an offence under s 66C(1) of the Crimes Act. It has a maximum penalty of 16 years' imprisonment and there is an applicable standard non‑parole period of 7 years. That offence was count 2 on the indictment. 2. The second offence that the offender is to be sentenced for is that between 1 March 2016 and 31 March 2017 in Galston the offender indecently assaulted MS, a person then under the age of 16 years, namely 11 or 12 years. That is an offence under s 61M(2) of the Crimes Act. It has a maximum penalty of 10 years' imprisonment with an applicable standard non‑parole period of 8 years. 3. The jury during the trial were directed to return a verdict of not guilty on count 1 on the indictment. The jury returned not guilty verdicts on counts 4 and 5 on the indictment.