R v Young [2022] NSWDC 684

District Court New South Wales

Medium Neutral Citation: R v Young [2022] NSWDC 684 Hearing dates: 12 December 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [92] Catchwords: SENTENCE – maintain unlawful sexual relationship with child – s66EA of the Crimes Act 1900. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Burr v R (2020) 285 A Crim R 504; [2020] NSWCCA 282 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Magnuson v R [2013] NSWCCA 50 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 RJT v R (2021) 218 A Crim R 490; [2012] NSWCCA 280 SZ v R (2007) 168 A Crim R 249; [2007] NSWCCA 19 Xerri v R (2021) A Crim R 355); [2021] NSWCCA 268 Category: Sentence Parties: Director of Public Prosecutions (Crown) John Robert Young (Offender) Representation: Mr Carnell (Crown) Ms McLaughlin (Offender) File Number(s): 21/1220022 Publication restriction: Section 578A of the Crimes Act 1900 and s15A of the Children (Criminal Proceedings) Act 1987 apply so as to prohibit the publication of any material which may identify or is likely to lead to the identification of the victim in the proceedings.

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of an offence pursuant to s66EA of the Crimes Act 1900 that he between 1 January 1992 and 31 December 2005 at M, SH, LM, W and W in the State of New South Wales, did maintain an unlawful sexual relationship with PW, who was then a child under the age of 16, namely 4 - 14 years of age, in which the Accused engaged in the following two or more unlawful sexual acts. 2. The sexual acts were particularised as exposing his penis to PW and masturbating himself in front of PW; directing the victim to masturbate his penis; touching PW's genitals; performing cunnilingus on PW; directing PW to perform fellatio on him; penetrating PW's vagina with a spoon; penetrating PW's vagina with his penis and rubbing his penis on PW's genitalia. 3. The offender presented himself to Belmont Police Station voluntarily on 2 May 2021 where he made admissions to the offending. The offender entered a plea of guilty in the Local Court at the earliest available opportunity. He was born on 13 January 1961 and was aged between 31 and 40 years at the time of offending. He is now 61 years old. The offender has been in custody since 2 May 2021, referrable solely to this offence.