R v Scott [2022] NSWDC 663

District Court New South Wales

Medium Neutral Citation: R v Scott [2022] NSWDC 663 Hearing dates: 28/6/22-7/7/22, 14/7/22, 30/9/22, 21/10/22 Date of orders: 21/10/22 Decision date: 21 October 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a fixed term of imprisonment of 1 year 10 months (12/2/21-11/12/22). I note that the offender is currently serving an existing head sentence for other offences, which expires on 12/3/27. Whether or not the offender is release to parole on 11/12/22 will be a matter for the State Parole Authority to determine. Catchwords: Crime – Sentence – Male teacher have homosexual intercourse with male pupil aged between 10 and 18 Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Obbens [2022] NSWCCA 109 R v Todd [1982] 2 NSWLR 517 Category: Sentence Parties: NSW DPP – Crown Peter Wayne Scott - Offender Representation: Mr J Mehta for Crown Mr Z Khan for Offender File Number(s): 20/341820 Publication restriction: Non-publication order in relation to the identity of the victim and any other witnesses who were children at the time of the offence.

sentence 1. The offender stood trial on a judge alone trial before myself from 28 June 2022 until 7 July 2022 on two charges. The first one being that between 1 and 31 December 1984 he unlawfully caused the complainant to ingest a stupefying drug with the intent to enable him to commit an indictable offence of sexual assault. The second charge being that between those same dates he did have homosexual intercourse with the complainant, a male person above the age of ten and under the age of 18 years, namely 16 years of age, during a time when the offender worked as a school teacher at Cromer High School and the complainant was a pupil.