R v PH [2023] NSWDC 462

District Court New South Wales

Medium Neutral Citation: R v PH [2023] NSWDC 462 Hearing dates: 13 October 2023 Date of orders: 23 October 2023 Decision date: 23 October 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 PH is convicted. 2 I impose an aggregate sentence of 2 years and 9 months. 3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (23 October 2023) and expire on 22 July 2026. 4 The offender must report to Community Corrections on or before 4pm on 30 October 2023. 5 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 6 The following additional conditions apply: (a) the offender must receive treatment for his mental health as reasonably directed by Community Corrections. Catchwords: CRIME — Sexual offences — Act of indecency Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment Act 2022 Criminal Procedure (Sexual and Other Offences) Act 2006 Cases Cited: Attorney General's Application No 1 of 2002 (2002) 56 NSWLR 147 Bektasovski v R [2022] NSWCCA 246 R v Bowie [2023] NSWSC 207 R v Catell [2019] NSWCCA 297 R v MJR (2002) 54 NSWLR 368 R v Olbrich (1999) 199 CLR 270 R v Watson (No 3) [2022] NSWSC 1693 R v Youkhana [2004] NSWCCA 412 TJ v R (2009) 76 NSWLR 167 Category: Sentence Parties: Rex (Crown) PH (Offender) Representation: Counsel: C Parkin (Offender)