R v Ward [2021] NSWDC 779

District Court New South Wales

Medium Neutral Citation: R v Ward [2021] NSWDC 779 Hearing dates: 12 February 2021 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: At [74]-[77]. Catchwords: CRIME – sentence – indecent assault on child – sexual intercourse with a child – conviction after trial Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Alseedi v R [2009] NSWCCA 185 Doe v R [2013] NSWCCA 248 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 R v AJP (2004) NSWCCA 434 R v Gavel (2014) 239 A Crim R 469 Category: Sentence Parties: Crown (Regina) Gavin Adam Ward (Offender) Representation: Counsel: Mr C Reynolds (Crown) Ms I Reed (Offender)

Solicitors: Solicitor for Public Prosecutions Ms D Smith (Offender) File Number(s): 2018/00076744 Publication restriction: Nil

Judgment 1. Gavin Ward was found guilty by a jury of three offences relating to sexual misconduct with a child following a trial at Newcastle District Court which proceeded between 12 October and 15 October 2020. The three offences which he committed related to three separate sexual acts on the one occasion in around 2009 with a child victim who was five or six years of age at the time. 2. Given the statutory prohibition on publication of the name or identifying features of the victim, any reference to the victim by name will be anonymised and the precise location of the offending will not be identified.