R v Savvas [2023] NSWDC 424

District Court New South Wales

Medium Neutral Citation: R v Savvas [2023] NSWDC 424 Hearing dates: 10/10/22-18/10/22, 19/10/22, 15/2/23, 10/3/23, 17/3/23, 31/3/23, 6/4/23, 26/5/23, 21/7/23 Date of orders: 21/7/23 Decision date: 21 July 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a NPP of 3 years 9 months (17/10/22-16/7/26). I find special circumstances. The indicative sentences are: Count 1 – 2 years 3 months with NPP 1 year 5 months. Count 2 – 2 years 10 months. Count 3 – 3 years Count 4 – 2 years 10 months. Catchwords: Crime – Sentence -Procuring a child for unlawful sexual activity - Intentionally sexually touching a child aged between ten and under 16 years of age - Sexual touching without consent Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: NSW DPP – Crown Sonny Savvas - Offender Representation: Ms G Namat for Crown Mr Robinson for Accused. Ms V Zahra for Offender File Number(s): 21/82847 Publication restriction: Statutory non-publication order in relation to the identity of the victims.

sentence – ex tempore revised 1. I note that, in this matter, there is a provision of law which prohibits anybody from publishing anything which might identify either of the victims. 2. The offender, Mr Savvas, was found guilty by a jury in October 2022 of all four counts on an indictment involving the following offences, which I will describe in short form. 3. Count 1 - procuring a child for unlawful sexual activity, s 66EB(3) of the Crimes Act 1900, the maximum penalty for which is ten years and for which a standard non-parole period of four years is specified. 4. Count 2, being an offence of intentionally sexually touching a child aged between ten and under 16 years of age, the maximum penalty for which is ten years imprisonment, that being an offence under s 66DB(a) of the Crimes Act. 5. Count 3, being another charge of the same kind, for which the maximum penalty is ten years imprisonment. 6. And count 4 being an offence of sexual touching without consent, that being an offence under s 61KC(a) of the Crimes Act. And the maximum penalty for that offence is five years imprisonment. 7. 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. 8. There has been significant delay since the jury's verdict in this matter, which is unfortunate, but has a reason. That was essentially because, after the verdicts were delivered, I stood the proceedings over for sentence hearing on an agreed date of 24 February 2023. However, shortly before then, the Court became aware that the offender was no longer legally represented and so the proceedings then went through a series of something like five mentions so as to facilitate Mr Savvas arranging representation, which he eventually did, and also arranging for a psychiatric report to be prepared, which did ultimately happen. 9. It is regrettable that that delay has occurred, both in relation to the victims, the community, and the offender, but, as I have indicated, there was a reason for that occurring. It is in part because of that delay that I have decided to hand down sentence today in circumstances where I have not had as much time as I would otherwise have had to consider the various submissions that have been made to me. Nonetheless, my reasons are as follows.