R v Bailey, Jason (a pseudonym) [2021] NSWDC 372

District Court New South Wales

Medium Neutral Citation: R v Bailey, Jason (a pseudonym) [2021] NSWDC 372 Hearing dates: 8 July 2021 Date of orders: 8 July 2021 Decision date: 08 July 2021 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: 1. I impose an aggregate sentence of a fixed term of six months' imprisonment, to date from 26 August 2019 and expiring on 25 February 2020. 2. I would specify indicative sentences of two months' imprisonment on Count 2 and five months' imprisonment on Count 5 on the indictment. 3. The offender is entitled to be released forthwith. Catchwords: CRIME — Sexual offences — Sexual touching - Knowledge about consent SENTENCING — Mitigating factors — Unlikely to re-offend Legislation Cited: Crimes Act 1900, s 61, s 61HE, s 61KC, s 578A Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A Cases Cited: Baines v R [2016] NSWCCA 132 Kearsley v Regina [2017] NSWCCA 28 Shanmugam v R [2021] NSWCCA 125 Wan v R; R v Wan [2019] NSWCCA 86 Category: Sentence Parties: Regina Jason Brian Bailey (a pseudonym) (Offender) Representation: Counsel: Mr P Segal (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Crime & Traffic Lawyers Pty Ltd t/as Criminal & Traffic Law (Offender) File Number(s): 2019/00265039 Publication restriction: Section 578A(2) of the Crimes Act 1900 applies to this matter, that there is to be no publication of any matter which identifies the complainant victim or may lead to her identification.