R v PW [2019] NSWDC 963

District Court New South Wales

Medium Neutral Citation: R v PW [2019] NSWDC 963 Hearing dates: Thursday 14 February 2019; Friday 31 May 2019; Wednesday 28 August 2019. Date of orders: Wednesday 6 November 2019 Decision date: 06 November 2019 Jurisdiction: Criminal Before: Tupman DCJ Decision: Indictment 1: Aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of 20 years, NPP of 14 years, parole thereafter of 6 years. Indictment 2: Aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of 4 years. Indictment 3: Count 1 – Sentenced to a fixed term of 12 months Count 2 – Sentenced to a fixed term of 18 months To be served concurrently. Catchwords: CRIME — Child sex offences — Historical child sex offences — Production/Possession of child abuse material – Aggravated sexual intercourse with a child <10; >10 <14; >14 <16 — Indecent assault — Bestiality — 27 substantive offences — 4 Form 1 offences — Grooming of child — Persistent sexual abuse of a child — Two complainants — Offender in position of trust and authority — Offender was father and step-grandfather of victims — Offender had penile/anal intercourse with family dog and neighbour's dog — Offender blindfolded victim and took photos — Bondage/restraints used — Guilty pleas after trial had commenced — Reasonable prospects of rehabilitation due to age and poor health. Legislation Cited: Crimes Act 1900 (NSW): ss 61E(1A), 61E(2), 61M(2), 66A, 66C(2), 76A, 79, 91H(2); Crimes (Sentencing Procedure) Act 1999 (NSW): ss 5, 10, 12, 25AA, 53A. Cases Cited: Clarkson v R [2011] VSCA 157. R v Gavel [2014] NSWCCA 56. Category: Sentence Parties: Regina (The Queen) PW (The Offender) Representation: For the Crown: Ms. C. Feiner of Counsel