R v Wran (a pseudonym) (No 2) [2021] NSWDC 808

District Court New South Wales

Medium Neutral Citation: R v Wran (a pseudonym) (No 2) [2021] NSWDC 808 Hearing dates: 29 July 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: David Wran is: (a) On count 1, convicted of aggravated indecent assault of a child under 16 years. (b) On count 2, convicted of attempting to have sexual intercourse with a child aged between 10 to 14 years in circumstances of aggravation, namely that the victim was under his authority. (c) On count 3, convicted of attempting to have sexual intercourse with a child aged between 10 to 14 years in circumstances of aggravation, namely that the victim was under his authority. (d) On count 4, convicted of inciting a child aged between 10 and 16 to carry out a sexual act towards him, in circumstances of aggravation, namely that the child was under his authority. 2. I impose an aggregate sentence of nine years and eight months' imprisonment, with a non-parole period of seven years and three months, each to date from 27 July 2019. The period of imprisonment shall expire on 26 March 2029, and the offender shall be eligible for parole on 26 October 2026. Catchwords: SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victim CRIME — Child sex offences — Attempted sexual intercourse with child >10 <16 — Indecent Assault – Incitement - Circumstances of aggravation CRIME — Sexual offences — Indecent assault — Circumstances of aggravation Legislation Cited: Crimes Act 1900, s 61HC, s 61M, s 66C, s 66DE, s 344A, s 578A Crimes (High Risk Offenders) Act 2006, s 5I, s 9 Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 24A, s 53A, s 54A, s 54B, s 54D Crimes (Sentencing Procedure) Amendment Act 2007, Sch 1, cl 10 Cases Cited: Bell v R [2019] NSWCCA 251 BT v R [2010] NSWCCA 267 Carlton v The Queen (2008) 189 A Crim R 332 Corby v R [2010] NSWCCA 146 DAC v R [2006] NSWCCA 265 Dawkins v R [2018] NSWCCA 278 Decision restricted [2017] NSWCCA 60 Franklin v R [2013] NSWCCA 122 Gregory John Walsh v R [2015] NSWCCA 83 Hartley v R [2020] NSWCCA 330 Hordern v R [2019] NSWCCA 138 Ibbotson (a pseudonym) v R [2020] NSWCCA 92 Jurd v R [2020] NSWCCA 91 Postiglione v The Queen (1997) HCA 26 R v BJW (2000) 112 A Crim R 1 R v BTW (2000) 112 A Crim R 1 R v Cage [2006] NSWCCA 304 R v Fisher (1989) 40 A Crim R 442 R v Gent [2005] NSWCCA 370; 162 A Crim R 29 R v KNL (2005) 154 A Crim R 268 R v LS; R v MH [2020] NSWCCA 148 R v MAK, R v MSK [2006] NSWCCA 381 R v PGM (2008) 187 A Crim R 152 R v Wran (a pseudonym) [2021] NSWDC 185 Wakeling v R [2016] NSWCCA 33 Category: Sentence Parties: Regina David Wran (a pseudonym) (Offender) Representation: Counsel: Ms S Walsh (Offender)