R v SR [2023] NSWDC 431

District Court New South Wales

Medium Neutral Citation: R v SR [2023] NSWDC 431 Hearing dates: 03 February 2023 22 February 2023 02 March 2023 Decision date: 02 March 2023 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: 1. the offender is convicted of the offences in respect of which the offender pleaded guilty; 2. sentence the offender to full-time imprisonment for a period of 16 years, to commence on 29 September 2021 and expire on 28 September 2037; 3. set a non-parole period of 12 years, to expire on 28 September 2033. Catchwords: SENTENCING – Penalties – Imprisonment – Plea of guilty – Totality – Victim impact statement – No insight – No remorse – Poor prospects of rehabilitation – Aggravating factor, the abuse of position of trust or authority Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v R [2011] HCA 39 Category: Sentence Parties: R (Crown) SR (Offender) Representation: Counsel: Crown: Mr Fagan Offender: Mr Metcalfe File Number(s): 2021/00277881 Publication restriction: Non-publication order re identity of complainants.

Suppression order in respect of identity of complainants pursuant to s 578A of the Crimes Act.

JUDGMENT

INTRODUCTION 1. The offender appears today to be sentenced in relation to a number of offences committed over a period of time spanning about 21 years. There are three distinct acts. The first concerns his biological daughter, who I shall refer to as EH. Before I proceed, I should also make it an order that this matter is to be referred to as SR, not by the full name of the offender. I further remind that the suppression non-publication orders apply in respect of the children complainants, both pursuant to statute and pursuant to an order which I now make. 2. EH was born on 6 June 1993. The offending took place between March 2000 and April 2006 when she was approximately the ages of seven through to 13. The offender was born 17 December 1968. There is an age differential between them of 24 years. 3. The next offending took place against AC, who was the daughter of a woman with whom the offender was in a relationship. AC was born on 22 August 2008. The offending took place between June and November 2016 when she was about eight years of age. The age differential is about 40 years. 4. The next offending took place in March to June 2020. The victim was TH. Again, the offender was in the relationship of stepfather/stepdaughter to the victim, who was born 21 March 2014. The offending took place March to June 2020 when the victim was approximately six years of age, the age differential is about 45 years. 5. The remainder the offending took place on 28 August 2021. There were three victims. First, there was EC, born 24 July 2013. At the time of the offending, she was seven years of age and there is an approximate age differential 45 years. 6. On the same day, the offender also abused AD, who was born on 4 July 2009. At the time, she was 12 years of age. There is an age differential of some 40 to 41 years. 7. And finally, the last victim shall be known by the initials AW. She was born 1 December 2008. And again, the offending took place 28 August 21, when she was about 12 years of age and there is an age differential approximately 40 years. 8. There are eight principal offences for sentence, some of which have charges attaching by a form 1. The first relates to TH and it is a charge of intentionally incite a child under the age of ten years to sexually touch them. That is a sequence 3, a breach of s 66D(b), maximum penalty 16 years imprisonment, a standard non-parole period of eight years imprisonment. 9. Next, according to the Crown's sentence summary is sequence 15, involving EH. The charge is commit an act of indecency with a victim under the age of ten, in breach of s 60(2) of the Crimes Act, maximum seven years imprisonment. 10. Next is sequence 6, involving EH. It was a charge of indecent assault of a victim under the age of ten, in breach of s 61M(2), the maximum penalty is ten years imprisonment. 11. The next charge is sequence 14. The victim again, EH. The charge is aggravated sexual intercourse with person greater or equal to the age of ten and under the age of 14, in breach of s 66C(2) of the Crimes Act, it carries a maximum penalty of 20 years imprisonment. 12. Sequence 12 involved the victim, AC. The charge was indecent assault of person under the age of 16 years, in breach of s 61M(2) of the Crimes Act, it carries a maximum penalty of ten years imprisonment and standard non-parole period of eight years imprisonment. 13. Sequence 17 involves the victim, AD. It is a case of a charge of intentionally sexually touch a child at or above the age of ten, under the age of 16 years, in breach of s 66DB(a) of the Crimes Act, it carries a maximum penalty of ten years in prison. 14. Sequence 20 involves the victim, EC. The charge of intentionally sexually touch a child under the age of ten, in breach of s 66DA(a) of the Crimes Act. The maximum penalty is 16 years imprisonment and the standard non-parole period eight years imprisonment. 15. And the final charge for sentence is sequence 22, involving the victim, AW, intentionally sexually touched a child at or above the age of ten years and under the age of 16, in breach of 66DB(a), it carries a maximum penalty of ten years imprisonment. 16. As mentioned, there are charges placed on Form 1 documents, which I have signed, certifying that I will take these charges into account when sentencing the offender in respect of the charges to which they attach. 17. The first is sequence 1, which attaches to sequence 3. The charge is intentionally touch/sexually touch a child under the age of ten in breach of s 66DA(a), the Crimes Act. The victim was TH. The Maximum penalty is 16 years imprisonment, and standard non-parole period of eight years imprisonment applies. 18. The next charge on a Form 1 is sequence 8 attaching to sequence 14. Aggravated indecent assault of a victim under the age of 16, in breach of s 61M(1) of the Crimes Act. The maximum penalty is seven years imprisonment and the standard non-parole period, five years. 19. The next charge on a Form 1 is sequence 9, which attaches to sequence 14. Aggravated indecent assault of a victim under the age of 16 years, in breach of the same section, 61M(1) of the Crimes Act. It carries the same penalty, maximum sentence of seven years of prison and a standard non‑parole period of five years imprisonment. The victim in respect of that matter was DH. 20. The next charge on a Form 1 is sequence 10, it attaches to sequence 12. Indecent assault of a person under the age of 16 years, in breach of s 61M(2) of the Crimes Act. Ten years imprisonment is the maximum penalty. Eight years imprisonment is the standard non-parole period. 21. Sequence 16 attaches to sequence 12. That is, commit an active of indecency with a victim under the age of ten. It carries the maximum penalty pursuant to s 61O(2) of seven years imprisonment. 22. Sequence 19 attaches to sequence 17. The victim in that case is AD. Intentionally sexually touch a child at or above the age of ten and below the age of 16, in breach of s 66DB(a). The maximum penalty is ten years imprisonment. 23. And finally, sequence 21 attaches to sequence 20. Intentionally sexually touch a child under the age of 10, in breach of s 66DA(a). It carries a maximum penalty of 16 years imprisonment and a standard non-parole period of eight years imprisonment. 24. Sequences 2, 4, 5, 7, 11, 13 and 18 are withdrawn by the Crown and are now dismissed.