R v Danvers (a pseudonym) [2023] NSWDC 314

District Court New South Wales

Medium Neutral Citation: R v Danvers (a pseudonym) [2023] NSWDC 314 Hearing dates: 4 August 2023 Decision date: 18 August 2023 Jurisdiction: Criminal Before: Colefax SC DCJ Decision: Aggregate term of imprisonment of 6 years 6 months with a non parole period of 3 years 10 months. Catchwords: CRIME - SENTENCE - indecent assault against a child under the age of 16 years - visiting restrictions to offender's children - exceptional hardship to third parties - special circumstances. Legislation Cited: Crimes Act 1900 (NSW), s61M(2), Crimes Sentencing Procedure Act 1999, ss25AA and 30E(5) Category: Sentence Parties: Rex (Crown)

Mr Danvers (a pseudonym) (Offender) Representation: Ms James, Solicitor Advocate (DPP Parramatta)

Mr Edwards SC (Offender) File Number(s): 2022/00143119 Publication restriction: Statutory Non-publication order of the names of the offender, victims or any other matter that may identify any of them, directly or indirectly.

Judgment 1. Mr Danvers (a pseudonym), on 10 May 2023, you were arraigned upon indictment 9.4 before a jury panel in waiting. 2. That indictment contained seven Counts. 3. Upon your arraignment, you pleaded not guilty to each of those seven Counts. 4. At the conclusion of the trial which commenced by that arraignment, the jury found you not guilty of Counts 2, 3, 4 and 6; and guilty of Counts 1, 5 and 7. 5. The Counts of which you were found guilty were in the following terms: 1. Between 11 December 2011 and 29 January 2014, at Greystanes in the State of New South Wales, [you] did assault E (a pseudonym) and at the time of the assault committed an act of indecency on E, a child then under the age of 16 years, namely, 4-5 years of age. 5. Between 27 March 2016 and 26 March 2018, at Guildford in the State of New South Wales, [you] did assault C (a pseudonym) and at the time of the assault committed an act of indecency on C, a child then under the age of 16 years, namely, 8-9 years of age. 7. On or about the 3rd day of January 2017, at Palm Beach or elsewhere in the State of New South Wales, [you] did assault N (a pseudonym) and at the time of the assault committed an act of indecency on N, a child then under the age of 16 years, namely, 14 years of age.