R v DH [2022] NSWDC 209

District Court New South Wales

Medium Neutral Citation: R v DH [2022] NSWDC 209 Hearing dates: 6 May 2022 Date of orders: 26 May 2022 Decision date: 26 May 2022 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [100] Catchwords: CRIMINAL LAW –– Sexual intercourse without consent – Act of indecency – Acts committed on sleeping victim – Where sexual acts were recorded by the offender SENTENCE –– Sexual intercourse without consent found to be around mid-range of objective seriousness – Indecent assault found to be below mid-range of objective seriousness – Victim impact statement considered by the court – Where the offender has previous convictions for sexual offences – Where the offender could not establish that he was a victim of sexual offences in his childhood – Where the court accepts that the offender was suffering from depression – Where the offender suffered from drug and alcohol use as well as gambling – Where the offenders custody is rendered more onerous due to his health – Special circumstances found – Average risk of re-offending – Impacts of COVID-19 on incarceration considered Legislation Cited: Crimes Act 1900 (NSW) ss 61I, 61L Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A, 30E Crimes (Administration of Sentences) Act 1999 (NSW) s 276 Cases Cited: Zhao v R [2019] NSWCCA 203 R v Hibberd [2009] NSWCCA 20 EJDG v R [2012] NSWCCA 251 Veen v The Queen [No 2] (1998) 164 CLR 465 Moodie v R [2020] NSWCCA 160 Category: Sentence Parties: Regina (the Crown) DH (the Offender) Representation: Ms H. Cantor (Solicitor Advocate for the Crown) Mr K. Averre (Counsel for the Offender)