R v GUO [2022] NSWDC 551

District Court New South Wales

Medium Neutral Citation: R v GUO [2022] NSWDC 551 Hearing dates: 6 June 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Impose an aggregate sentence of six years imprisonment and a non-parole period of four years imprisonment. The sentence commences 1 July 2021 and expires on 30 June 2027. The non-parole period expires on 30 June 2025. Catchwords: CRIME – Child sex offences – Sexual intercourse with child >10 <14 – Circumstances of aggravation SENTENCING – Aggravating factors - Planning Legislation Cited: Crimes Act 1900 (NSW), s 66C(1), 66EB Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Category: Sentence Parties: Office of the Director of Public Prosecutions (Crown)

Mr Ning Guo (Offender) Representation: Counsel: Ms Prowse (Crown Prosecutor) Mr G Smith SC with Mr Johnson (Offender)

File Number(s): 2021/00189212

SENTENCE

Introduction 1. The offender, Mr Guo, stands to be sentenced having pleaded guilty to the following offences. That between 20 July 2020 and 25 September 2020, at South Penrith, he had sexual intercourse with WH, WH being a child above the age of ten years and under the age of 14 years, namely 13 years. That offence is contained in charge sequence 17. WH in the agreed facts is referred to as Billy, but in relation to both children I will simply refer to them by their initials. I do so in order to, when this judgment is typed, protect their identity, as they are entitled to have it protected. 2. The second offence is that on 5 May 2021, at Eastwood, the offender had sexual intercourse with MR, MR being a child above the age of ten years and under the age of 14 years, namely a child of 13 years. That offence is contained in charge sequence 3. 3. The third offence is that on 12 May 2021, at Eastwood, the offender had sexual intercourse with MR, MR being a child above the age of ten years and under the age of 14 years, namely 13 years. That offence is contained in charge sequence 7. 4. The fourth offence is an offence that on 8 June 2021, at Eastwood, he had sexual intercourse with MR, MR being a child above the age of ten years and under the age of 14 years, namely 13 years of age. That offence is contained in charge sequence number 10. 5. The fifth offence, the final offence, is that on 1 July 2021, at Eastwood, the offender travelled with the intention of meeting a child whom he had groomed for sexual purposes, with the intention of procuring the child for unlawful sexual activity. That offence is contained in charge sequence 15. 6. The offences in charge sequences 17, 3, 7 and 10 are all offences under s 66C(1) of the Crimes Act, and have a maximum penalty of 16 years imprisonment and have an applicable standard non-parole period of seven years. The offence in sequence 15 is an offence under s 66EB of the Crimes Act and has a maximum penalty, in my opinion, of 15 years imprisonment, and there is an applicable standard non‑parole period of six years. 7. There are four separate form 1 documents, and the offender acknowledges his guilt in relation to each of the offences on the form 1 documents. When imposing a sentence on the offence contained in charge sequence 17, the offender asks that I take into account a further offence of having sexual intercourse with a child aged between ten and 14 years, which occurred between 20 July and 25 September 2020 and concerned the victim WH. The facts make clear that this second offence occurred during the same incident as the principal offence. 8. When imposing sentence on the offence contained in charge sequence 3, the offender asks that I take into account two further offences of sexual intercourse with a child aged between ten and 14 years and which the victim involved was MR. There is a further offence of participate in child prostitution as a client where the victim was MR. 9. When imposing sentence on the offence contained in charge sequence 7, the offender asks that I take into account two offences of sexual intercourse with a child aged between ten and 14 years and where the victim was MR and which occurred on 12 May 2021. There is a further offence of engage in child prostitution as a client where the victim was MR, and the offence occurred on that same day. 10. When imposing sentence on the offence contained in charge sequence 10, the offender asks that I take into account a further offence of sexual intercourse with a child between ten and 14, along with two offences of sexual touching a child aged between ten and 14 years. There is also an offence of inciting a child aged between ten and 14 years to conduct a sexual act. All of those offences occurred on 8 June 2021, and the victim in all of them was MR.