NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Wingate [2022] NSWDC 184 Hearing dates: 25/10/21-10/11/21, 16/12/21, 25/2/22, 18/3/22 Date of orders: 18/3/22 Decision date: 18 March 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years 2 months with a NPP of 2 years 9 months (16/12/20-15/9/23). The indicative sentences for each of the three counts are 3 years 2 months. Catchwords: Crime – Sentence – Commit act of indecency while outside Australia on a person under the age of 16 years Legislation Cited: Crimes Act 1914 Cases Cited: Assheton [2002] WASCA 209 Lee v The Queen [2000] WASCA 73 Merrill v DPP [2018] VSCA 62 R v GP [2010] NSWDC 300 R v ONA [2009] VSCA 146 R v Vanderzyden [2012] QCA 89 Sage v The Queen [2007] NSWCCA 224 Salman v Commonwealth DPP [2011] NSWCCA 192 Weininger v R [2003] 212 CLR 629 Category: Sentence Parties: Commonwealth DPP – Crown Robert George Wingate - Offender Representation: Counsel: Ms L Barnes for Crown Mr A Norrie for Offender File Number(s): 2020/297191 Publication restriction: Non-publication order in relation to the identity of the complainant
sentence 1. The offender, Robert Wingate, is for sentence in relation to three offences under s 50BC(1)(a) of the Crimes Act 1914, being offences of committing an act of indecency while outside Australia on a person under the age of 16 years. The maximum penalty for each of those offences is 12 years' imprisonment. The maximum penalty is an important guidepost in the sentencing exercise, to which I have had regard. 2. Each of the offences occurred between about 27 February 2006 and 2 June 2006 in Iloilo City in the Philippines. The offender was found guilty of the offences by a jury following his trial, which concluded on 10 November 2021. The offender's sentence hearing was initially set for 16 December 2021. However, the offender was sick with COVID‑19 at that time, and the hearing was adjourned to 25 February 2022, when I heard submissions.
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