R v BQL [2022] NSWDC 295

District Court New South Wales

Medium Neutral Citation: R v BQL [2022] NSWDC 295 Hearing dates: 24 June 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [68] Catchwords: SENTENCE – maintain unlawful sexual relationship with a child. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Burr v R [2020] NSWCCA 282 GP (a pseudonym) v R [2021] NSWCCA 180 R v Fitzgerald [2004] 59 NSWLR 493 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 R v Manners [2004] NSWCCA 181 R v PGM (2008) 187 A Crim R 152; [2008] NSWCCA 172 R v RB [2022] NSWCCA 142 Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21 Xerri v R [2021] NSWCCA 268 Category: Sentence Parties: Director of Public Prosecutions (Crown) BQL (Offender) Representation: Counsel: A. Robertson (Crown) B. Robinson (Offender)

Solicitors: H. Shaw (Offender) File Number(s): 2020/00297930 Publication restriction: Section 578A of the Crimes Act 1900 and s 15A of the Children (Criminal Proceedings) Act 1987 apply so as to prohibit the publication of any material which may identify or is likely to lead to the identification of the victim in the proceedings.

remarks on sentence 1. On 31 January 2022, the offender pleaded not guilty to Count 1 on the Indictment, an offence pursuant to s 66EA(1) of the Crimes Act 1900 that he between 1 January 2017 and 16 October 2020 at L in the State of New South Wales maintained an unlawful sexual relationship with SL, then a child under 16 years of age, namely 9 to 12 years of age, in which BQL engaged in two or more unlawful sexual acts. 2. The sexual acts were particularised as kissing SL on the breasts; kissing SL on the vagina; touching SL on the breasts; inserting his penis into SL's mouth and inserting his fingers into SL's vagina. 3. The offender also pleaded not guilty to three alternative counts, however, on 10 February 2022 the jury found him guilty of Count 1 on the Indictment. 4. The maximum penalty for the offence is life imprisonment and there is no standard non-parole period prescribed. 5. The offender was arrested on 16 October 2020 and has been in custody since his arrest.