R v Nussis [2023] NSWDC 178

District Court New South Wales

Medium Neutral Citation: R v Nussis [2023] NSWDC 178 Hearing dates: 30 May 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 122 – 123 Catchwords: CRIMINAL LAW – sentencing – multiple offences of sexual intercourse with a person aged between 14 and 16 Legislation Cited: Crimes Act 1900 (NSW) ss 66C, 77, 91D Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A, 25AA, 25F, 67 Cases Cited: Bhatia v R [2023] NSWCCA 12 Culbert v R [2021] NSWCCA 38 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 GL v R [2022] NSWCCA 202 Langbein v R [2018] NSWCCA 38 R v Gavel [2014] NSWCCA 56 R v Nelson [2016] NSWCCA 130 R v Olbrich (1999) 199 CLR 270 R v Rush [2019] NSWDC 773 Texts Cited: Nil Category: Sentence Parties: Office of the director of public prosecutions (ODPP) Mr E Nussis (offender) Representation: Mr Butterfield (Counsel) for the offender Ms Hughes (solicitor) for the ODPP File Number(s): 2022/00104907 Publication restriction: Non-publication of the complainant's name

SENTENCING REMARKS 1. The offender is before the Court following pleas of guilty on 18 January 2023 at Wollongong Local Court, to which he adhered to in yesterday's sentencing hearing, for 7 offences of sexual intercourse with a child aged between 14 and 16 years, contrary to s 66C(3) of the Crimes Act 1900 (NSW). The offending occurred in a period of about a month. 2. The maximum penalty for this offence is 10 years' imprisonment. There is no standard non-parole period. 3. The offending occurred when the victim (who I have chosen to anonymise) was aged 15. However, contextual background to the offending started when she was 14 years of age.