R v PC [2020] NSWDC 948

District Court New South Wales

Medium Neutral Citation: R v PC [2020] NSWDC 948 Hearing dates: Friday 1 May 2020 Date of orders: Tuesday 2 June 2020 Decision date: 02 June 2020 Jurisdiction: Criminal Before: Tupman DCJ Decision: The offender is convicted on each of the 14 substantive offences. The offender is sentenced to an aggregate non-parole period of 18 years with parole thereafter of 6 years giving rise to an overall term of imprisonment of 24 years. Form 1 offences: A total of 12 offences contained within four separate Form 1 documents, taken into account on four substantive offences. Catchwords: CRIME — Historical child sexual assault offences — Sexual intercourse with child <10 — Circumstances of aggravation — Aggravated act of indecency towards a child <10 — Aggravated indecent assault of a child <10 — Sexual intercourse with child >10 <14 — Digital penetration — Penile/vaginal intercourse — 5 female victims — Significant age disparity between victims and offender — 26 separate offences — Guilty pleas on 14 counts — 12 separate Form 1 offences — Offender in position of authority — Offender in relationships with mothers of victims — A degree of cruelty and manipulation — Threatened victims into staying silent –— Offender has no history of mental health problems — Offender has no prior criminal history — Offender has no history of illicit drug use — Offender denied having sexual attraction to young girls — Assessed as having a moderate risk of reoffending. Legislation Cited: Criminal Procedure Act 1986 (NSW); Crimes Act 1900 (NSW), ss 66A, 66B, 61E(1), 61J(1), s 61M(1)-(2); Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 25AA(3), 53A. Cases Cited: R v Thompson and Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina (The Queen) PC (The Offender) Representation: Counsel: Ms. J. Kelton (The Crown) Mr. J. Gaitanis (The Offender)