R v Dorsett [2023] NSWDC 537

District Court New South Wales

Medium Neutral Citation: R v Dorsett [2023] NSWDC 537 Hearing dates: 5 June 2023, 6 June 2023 Decision date: 09 June 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences: H664-1 – [JL 2022/00029377/001] - 2 years H664-4 – [JL 2022/00029377/004] – 2 years, 6 months H408–1 – [JL 2022/00080450/001] - 2 years, 6 months H664-6 – [JL 2022/00029377/006] - 2 years, 6 months H408-3 – [JL 2022/00080450/003] - 2 years, 6 months H866-1 – [JL 2021/00313238/001] - 9 months H362-2 – [JL 2021/00313247/002] - + Form 1 H362-3 – [JL 2021/00313247/003] 6 years NP 3 years H362-6 – [JL 2021/00313247/006 ] - 2 years, 6 months Aggregate sentence: Special circumstances found – 1st time in custody, need for a very lengthy period on supervised parole to assist him in respect of sexual offending and to return to a law-abiding life in the community. Sentenced to a term of imprisonment for 10 years comprising a non-parole period of 5 years to commence on 4 November 2021 and to expire on 3 November 2026, upon which date the offender is eligible for release to parole, and a balance of term of 5 years to commence on 4 November 2026 and to expire on 3 November 2031. Catchwords: CRIMINAL – sentence - sexual intercourse with a child aged 14 and under 16 years (x 6) – 4 victims - intentionally sexually touch child aged 10yrs & under 16yrs – Form 1 matter – offender aged 21-23 years at time of offending – mild intellectual disability - contextual relevance of uncharged offences – Victim Impact Statements - general and specific deterrence – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney-General's Application Number 1 of 2002 (2002) NSWCCA 518 Ibornone v R [2017] NSWCCA 144 R v Nelson [2016] NSWCCA 130 Category: Sentence Parties: Regina Dorsett, Benjamine Representation: Counsel: Defence: Ms M Cusack