R v Hasna [2020] NSWDC 947

District Court New South Wales

Medium Neutral Citation: R v Hasna [2020] NSWDC 947 Hearing dates: Wednesday 1 July 2020 Date of orders: Tuesday 7 July 2020 Decision date: 07 July 2020 Jurisdiction: Civil Before: Tupman DCJ Decision: The offender is convicted on both offences. The offender is sentenced to a non-parole period of 2 years and 3 months with parole thereafter of 2 years, giving rise to an overall term of imprisonment of 4 years and 3 months. Form 1 offence taken into account when sentencing for count 1. Catchwords: CRIME — Child sex offences — Indecent assault — Circumstances of aggravation — Two substantive counts and one Form 1 offence — One count below midrange of objective serious — One count at middle of the range of objective seriousness — Sole victim was 12-year-old male — Offender was almost 50 years old — Offending behaviour occurred in a men's toilet cubical in the public toilets at a shopping plaza — Offender was cruising for a sexual encounter and followed victim into toilet block — Victim not physically injured but suffers an emotional impact — Victim Impact Statement taken into account — Offender comes from traditional family and has opened and operated a number of restaurants and food retailers — Offender has experienced prior physical health issues and existing mental health issues — Offender has no prior criminal convictions — Offender has very good prospects of rehabilitation. Legislation Cited: The Crimes Act 1900 (NSW): s 61M(2) The Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 5, 25AA Category: Sentence Parties: Regina (The Queen) Hasna (The Offender) Representation: Counsel: Mr. D. Dalton SC for the Crown Mr. G. Harrison for the Offender