R v Lee [2022] NSWDC 482

District Court New South Wales

Medium Neutral Citation: R v Lee [2022] NSWDC 482 Hearing dates: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: The offender is convicted on each of the two offences. The sentence is backdated to 18 July 2022 to reflect pre-sentence custody. Count 1, sexual touching: Fixed term, equating with what would have been the non-parole period, of 9 months imprisonment to date from 18 July 2022; Count 2, sexual intercourse without consent: 3 years imprisonment with a non-parole period of 2 years to date from18 September 2022. The term will expire on 17 September 2025 with the non-parole period expiring on 17 September 2024. This is a variation to the statutory ratio to one of 66%. The effect of both sentences is that the overall sentence is one of 3 years and 2 months with a non-parole period of 2 years and 2 months. This accumulation impacts variation to the statutory ratio from the finding of special circumstances on count 2. The ratio becomes one of 68%. No lesser non-parole period would address the seriousness of the offending. Catchwords: SENTENCING — Penalties — Imprisonment – sexual offences – sexual intercourse without consent – sexual touching. Legislation Cited: Crimes Act 1900 (NSW) Category: Sentence Parties: R; Jim Lee Representation: Counsel: Defence: P. Boulten SC Solicitor: Crown: A Walkowiak Crown: S Marsh Defence: E Zacharia File Number(s): 2020/261431 Publication restriction: Statutory non-publication order over the victim's name or anything which could identify her.