R v McAnally [2022] NSWDC 752

District Court New South Wales

Medium Neutral Citation: R v McAnally [2022] NSWDC 752 Hearing dates: 28/3/22, 4/4/22 Date of orders: 4/4/22 Decision date: 04 April 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: For each offence, convicted and sentenced to a Community Corrections Order for 2 years 6 months, to date from today. In addition to the standard conditions, the following conditions are to apply: 1. Accept supervision from Community Corrections. 2. Engage in psychological or other counselling or treatment as directed by Community Corrections. Catchwords: Crime – Sentence – Being a party to the commission of an act of indecency with a male person – historical offences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Des Rosiers v R (2005) 159 A Crim R 549 R v MJR [2002] 54 A Crim R 368 R v PGM (2008) 187 A Crim R 152 R v Sopher (1993) 70 A Crim R 570 R v Todd [1982] 2 NSWLR 517 Category: Sentence Parties: NSW DPP – Crown Francis William McAnally - Offender Representation: Ms Gomez for Crown Ms Scoufis for Offender File Number(s): 2020/151219 Publication restriction: Non publication of the identity of the complainant

Judgment 1. The offender, Mr Francis McAnally, is for sentence in relation to two offences under the now repealed s 81A of the Crimes Act 1900, those being offences of being a party to the commission of an act of indecency with a male person. The maximum penalty for each offence is two years imprisonment. The maximum penalty is, of course, an important guidepost or yardstick in the sentencing exercise to which I have had regard. 2. Mr McAnally pleaded guilty at the earliest opportunity and I, therefore, will allow a 25 per cent discount on account of the utilitarian value of that plea.