R v Tan (No 3) [2023] NSWDC 298

District Court New South Wales

Medium Neutral Citation: R v Tan (No 3) [2023] NSWDC 298 Hearing dates: 21 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 66 – 67 Catchwords: CRIMINAL LAW – sentencing – threat to distribute intimate images of victim – offender in sexual relationship with victim – offender honestly and reasonably believed that the victim was a child aged over 16 but was actually 12 – relevance of period spent in custody in connection with the index offence and other related offences Legislation Cited: Crimes Act 1900 (NSW) ss 66C, 91H, 91R Cases Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 8, 9, 10, 21A, 25D, 89 DPP (Cth) v De La Rosa (2010) 71 NSWLR 1 Muldrock v The Queen (2011) 244 CLR 120 R v Tan (No.2) [2023] NSWDC 228 Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecution (ODPP) R Tan (offender) Representation: Mr S Richards for the ODPP Mr D Stewart for the offender (Counsel)

Solicitors: ODPP Ross Hill Solicitors for the offender File Number(s): 2021/00203497 Publication restriction: Non-publication order in relation to the complainant's name

REMARKS ON SENTENCE

Background 1. On 26 June 2023, following a trial by judge alone, I found Reinier Allen Tan not guilty of 5 counts on an indictment. Those charges raised allegations of under-age sexual intercourse with a child above the age of 10 but under the age of 14 (contrary to s 66C(1) of the Crimes Act 1900 (NSW)) and 3 counts relating to the production or possession of child abuse material (contrary to s 91H(2) of the Crimes Act). The reasons for my verdicts have been published on Caselaw (R v Tan (No.2) [2023] NSWDC 228). 2. After I announced my verdicts, the Crown indicated that Mr Tan, who I will henceforth refer to as the offender, had earlier pleaded guilty to a separate charge. The plea was entered on 8 September 2022. 3. The charge to which he pleaded guilty is that on about 1 July 2021, at Guildford in the State of New South Wales, the offender threatened to distribute intimate images of the victim, without her consent, intending to cause the victim to fear that the threat would be carried out, contrary to s 91R(2) of the Crimes Act. 4. The maximum penalty for this offence is 3 years' imprisonment and/or 100 penalty units. There is no standard non-parole period.