R v Young (a pseudonym) [2021] NSWDC 702

District Court New South Wales

Medium Neutral Citation: R v Young (a pseudonym) [2021] NSWDC 702 Hearing dates: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 3 years with a non-parole period of 1 year 6 months. Catchwords: CRIME - Sexual intercourse with person 10 or over & under 16 years - Attempt sexual intercourse-child 10 to <14 years SENTENCING - Relevant factors on sentence – offences occurred in a dysfunctional household when victim an offender were both children – delay- sentencing child offender as an adults - victim impact - deprived background - special circumstances Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146 Clarke-Jeffries v R [2019] NSWCCA 56 Engert (1995) 84 A Crim R 67 KT v R [2008] NSWCA 51; (2008) 182 A Crim R 571 KT v R (2008) 182 A Crim R 571 Category: Sentence Parties: Steven Young (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender)

Solicitors: Legal Aid NSW (for the offender) Ms A Bird (for Director of Public Prosecutions) File Number(s): 2020/00222921 Publication restriction: The names of the complainant and other family members are not to be published, nor is any other material that could lead to the identification of that complainant: s578A of the Crimes Act 1900; S15A Children (Criminal Proceedings) Act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. The name of the offender is not to be published or any information that may reveal the relationship between the defendant and the complainant. Pseudonyms have been used in this judgement.