R v ML [2022] NSWDC 485

District Court New South Wales

Medium Neutral Citation: R v ML [2022] NSWDC 485 Hearing dates: 19 August 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [90] Catchwords: SENTENCING – intentionally sexually touch child under 10 years (DV) – use child under 14 years to make child abuse material – intentionally carry out sexual act with child under 10 years (DV) – sexual intercourse without consent (DV) Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Chamseddine v R [2017] NSWCCA 176 JM v R [2014] NSWCCA 297 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120 Category: Sentence Parties: Regina ML Representation: Counsel: Mr O'Connor (Crown) Mr Radojev (Offender)

Solicitors: ODPP Four Tree Lawyers File Number(s): 2020/00363022 Publication restriction: Non-publication order in respect of the complainants and any matter which may, directly or indirectly lead to their identification (Crimes Act, s578A and Children (Criminal Proceedings) Act 1987, s15A).

Judgment

The charges for sentence 1. The offender has pleaded guilty and is to be sentenced for the following 6 offences: 1. sequence 5- intentionally sexually touch a child under the age of 10 years (domestic violence) in breach of section 66DA(a) of the Crimes Act 1900. This carries a maximum penalty of 16 years imprisonment and the standard non-parole period of 8 years; 2. sequence 7- sexual intercourse without consent (domestic violence) in breach of section 61I of the Crimes Act 1900. This carries a maximum penalty of 14 years imprisonment and standard non-parole period of 7 years; 3. sequence 9- a further charge of intentionally sexually touch a child under the age of 10 years; 4. sequence 10- use a child under 14 years to make child-abuse material in breach of section 91G(1)(a) of the Crimes Act 1900. This carries a maximum penalty of 14 years imprisonment and a standard non-parole period of 6 years; 5. sequence 11- a further charge of using a child under the age of 14 years to make child-abuse material; 6. sequence 13- intentionally carry out sexual act with child under the age of 10 years (domestic violence) in breach of s66DC(a) Crimes Act 1900. This carries a maximum penalty of 7 years imprisonment and a standard non-parole period does not apply.