R v Ward [2023] NSWDC 352

District Court New South Wales

Medium Neutral Citation: R v Ward [2023] NSWDC 352 Hearing dates: 13/9/22-21/9/22, 23/2/23 Date of orders: 23/2/23 Decision date: 23 February 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 18 months, to be served by way of Intensive Correction Order. In addition to the standard conditions, the following conditions will apply: 1. Not consume illicit drugs or any prescription-only drugs other than those prescribed for him by a medical practitioner. 2. Undertake counselling in relation to drug relapse prevention or similar as directed by Community Corrections. 3. Undertake any other counselling or psychological treatment as directed by Community Corrections. 4. Perform 150 hours Community Service. The indicative sentences are: Count 1 – 14 months with NPP 9 months Count 2 – 14 months with NPP 9 months Count 3 – 10 months The offender is to report to the Wyong office of Community Corrections within 7 days. I direct that a copy of the reports of Ms A Brigida dated 30/1/23 and Dr M Hughes dated 6/9/21 be forwarded to Community Corrections. Catchwords: Crime – Sentence – Sexual touching of a person with a cognitive impairment – Carry out sexual act without consent towards a person with a cognitive impairment. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Stanley v Director of Public Prosecutions [2023] HCA 3 Category: Sentence Parties: NSW DPP – Crown Montgomery Ray Ward - Offender Representation: Ms M Aresh for Crown Mr E Wasilenia for Offender File Number(s): 20/128291 Publication restriction: Statutory non-publication of the names of the victim and any child witnesses.