R v MK [2022] NSWDC 566

District Court New South Wales

Medium Neutral Citation: R v MK [2022] NSWDC 566 Hearing dates: Wednesday 3 August 2022 Date of orders: Monday 8 August 2022 Decision date: 08 August 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: The offender is convicted. He is sentenced to a non-parole period of 2 years with parole thereafter of 2 years giving rise to an overall term of imprisonment of 4 years. Catchwords: CRIME — Sexual offences — Aggravated sexual assault — In company — Maximum sentence of 20 years — Found guilty by a jury on one count — penile vaginal intercourse — Victim was either 16 or 17 years old at the time the offence was committed — Co-offender is the sister of the victim and was the partner of the offender — Co-offender gave evidence at trial — Objective criminality falls below the mid-range — Offender does not demonstrate remorse or contrition — Offender maintains his innocence — Victim Impact Statement provided and taken into account. Legislation Cited: Bail Act 2013 (NSW): s 22B; Crimes Act 1900 (NSW): s 61J; Crimes (Sentencing Procedure) Act 1999 (NSW): s 3A; Evidence Act 1995 (NSW): ss 66, 108(3). Cases Cited: Manojlovic v R; R v Manojlovic [2020] NSWCCA 315 Category: Sentence Parties: Regina (The Crown) MK (The Offender) Representation: Counsel: Ms. N. Keay (The Crown) Mr. S. Corish (The Offender)

Solicitors: Mr. D. Rideaux (The Offender) Mr. G. Gaynor (The Crown) File Number(s): 2019/0017447 Publication restriction: Section 578A of the Crimes Act 1900 (NSW) applies: There is to be no publication of anything which may identify the complainant in this matter.