R v CG [2023] NSWDC 383

District Court New South Wales

Medium Neutral Citation: R v CG [2023] NSWDC 383 Hearing dates: 8 June 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Impose a Community Correction Order Catchwords: CRIME – Child sexual assault – Historical Child Sex Offences – When offender juvenile CRIME – Child sexual assault – Elapsed time between commission of offence and plea of guilty – Purposes of sentencing Legislation Cited: Child Welfare Act 1939 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Records Act 1991 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 WB v R [2020] NSWCCA 159 Category: Sentence Parties: Director of Public Prosecutions (Crown) CG (Offender) Representation: Counsel: Mr B Allison (Crown) Mr Kent (Offender) File Number(s): 2022/00082732 Publication restriction: Statutory non-publication order Non-publication order in relation to victims

SENTENCE

The Charges 1. The offender stands to be sentenced having pleaded guilty to the following charges: That between 1 January 1974 and 31 December 1976 at Tregear, he assaulted SG, a female under the age of 16 years, and committed at the time of the assault an act of indecency. That is an offence under the then s.76 of the Crimes Act 1900 (NSW) and has a maximum penalty of 5 years imprisonment. That offence was count 1 on an indictment the Crown presented against the offender. 2. There is also an offence that between 1 January 1976 and 30 March 1976 at Tregear the offender assaulted AG, a female under the age of 16 years, and at the time of the assault committed an act of indecency. That too is an offence under the then s.76 of the Crimes Act and at the relevant time carried a maximum penalty of 6 years imprisonment. That offence was count 4 on the indictment. 3. There is a 3rd offence, being an offence that between 1 January 1976 and 19 August 1976, at Tregear the offender assaulted a male person, namely MG, and committed an act of indecency upon him. That is an offence under the then s 81 of the Crimes Act and at the relevant time had a maximum penalty of 5 years imprisonment. That offence was count 6 on the indictment.