R v Callaway [2021] NSWDC 836

District Court New South Wales

Medium Neutral Citation: R v Callaway [2021] NSWDC 836 Hearing dates: 27 August 2021 Decision date: 03 September 2021 Jurisdiction: Criminal Before: KING SC DCJ Decision: Indicative sentences of imprisonment SEQ 21: Indicative (25% discount) 9 years, 9 months SEQ 8: Indicative (25% discount) 2 years – NPP 1 ½ years SEQ 13: Indicative (25% discount) 7 years - NPP 5 years 3 months SEQ 14: Indicative (25% discount) 7 years - NPP 5 years 3 months SEQ 15: Indicative (25% discount) 6 years, 6 months SEQ 12: Indicative (25% discount) 18 months – NPP 13 ½ months SEQ 16: Indicative (25% discount) 2 years – NPP 1 ½ years

Aggregate sentence Sentenced to a term of imprisonment of 13 years, 6 months with a NPP of 10 years to commence on 23 April 2021 and to expire on 22 April 2031, upon which date he will become eligible for parole. The balance of term of 3 years, 6 months will expire on 22 October 2034.

Pursuant to s39(2)(a) C(D&PV)A 2007 I order the offender have no contact of any kind, direct or indirect, with the complainant RC. That order is to remain in force until 22 October 2036. Pursuant to s12(2) C(D&PV)A 2007 I order the offences be recorded as domestic violence offences on the offender's criminal history. Catchwords: CRIMINAL – sentence – sexual assault offences inc. persistent sexual abuse of a child – assault & commit act of indecency person under 16 years old – sexual intercourse with person under 14 (9 or 10 years old), aggravated offence, under authority – attempted sexual intercourse with person under 14, aggravated, under authority – offending against children, impact & sequelae – 2 separate victims -objective seriousness – effect of s66EA - subjective matters – aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Domestic & Personal Violence )Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v the Queen (2013) 249 CLR 571 Burr v R [2020] NSWCCA 282 R v Dungay [2020] NSWCCA 209 Category: Sentence Parties: Regina Callaway, Dallas Representation: Counsel: ODPP: Mr A O'Connor DEF: Mr A Hughes Solicitors: ODPP Mr J Murray Legal Aid Ms H Dean File Number(s): 2019/383779 Publication restriction: NPO in respect of the names of the complainants or anything tending to identify them.