R v Jones [2023] NSWDC 409

District Court New South Wales

Medium Neutral Citation: R v Jones [2023] NSWDC 409 Hearing dates: 3/2/23-14/2/23, 4/8/23, 21/8/23 Date of orders: 21/8/23 Decision date: 21 August 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years 6 months with a NPP of 3 years 2 months (19/7/22-18/9/25). In find special circumstances. The indicative sentences are: Count 2 – 3 years 7 months Count 3 – 3 years with NPP 2 years Count 4 – 3 years 10 months with NPP 2 years 6 months. Catchwords: Crime – Sentence – Intentionally sexually touch child 10-16 years – Provide material benefit to child 10-14 years with the intention of making it easier to procure child for unlawful sexual activity – Sexual intercourse with child 10-14 years Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 R v MJR (2002) 54 A Crim R 368 R v PGM (2008) 187 A Crim R 152 Category: Sentence Parties: NSW DPP – Crown Simon John Jones - Offender Representation: Mr L Christoff for Crown Ms R McMahon for Accused File Number(s): 21/222148 Publication restriction: Statutory non-publication of the identity of the victim.

remarks on sentence 1. The offender Mr Simon Jones stood trial from 6 February 2023 before a jury on an indictment containing four counts, although counts 1 and 2 were expressed in the alternative. On 14 February 2023 the jury found him not guilty of count 1 but guilty of alternative count 2 and also of counts 3 and 4. He therefore now stands for sentence on three offences which are as follows. 2. Count 2, which is an offence of intentionally sexually touching a child aged above 10 but under 16 years of age, that being an offence under s 66DB(a) of the Crimes Act 1900 which carries a maximum penalty of 10 years imprisonment. 3. Secondly, the count 3 offence which is one of providing a material benefit to a child under the age of 14 years with the intention of making it easier to procure the child for unlawful sexual activity, that being an offence under s 66EB(3) of the Crimes Act 1900 which carries a maximum penalty of 12 years imprisonment and in relation to which a standard non-parole period of five years is specified. 4. Thirdly, the count 4 offence which is one of having sexual intercourse with a child aged above 10 years but under 14 years, that being an offence under s 66C(1) of the Crimes Act 1900 which carries a maximum penalty of 16 years and in relation to which a standard non-parole period of seven years is specified. 5. The maximum penalties and where applicable standard non-parole period are of course important guideposts in the sentencing exercise to which I have had regard.