R v WD [2023] NSWDC 542

District Court New South Wales

Medium Neutral Citation: R v WD [2023] NSWDC 542 Hearing dates: 5 December 2023 Decision date: 05 December 2023 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: (1) For the offences for which he pleaded guilty, the offender is convicted. (2) For Sequences 3, 5 and 6, the offender is sentenced to an aggregate term of imprisonment for a period of 4 years, with a non-parole period of 2 years 2 months, to date from 11 October 2022. The first date the offender is eligible for release to parole is 10 December 2024. The head sentence will expire on 10 October 2026. (3) The indicative sentences for each offence (including 25% discount) are as follows: (a) Sequence 3: 1 year 3 months imprisonment (b) Sequence 5: 2 years 6 months imprisonment (c) Sequence 6: 2 years imprisonment (4) I recommend that, on release to parole, the offender engages in any sexual offender programs (or other programs) to aid in his rehabilitation that Community Corrections considers necessary and appropriate. Catchwords: CRIME – Child sex offences – Multiple offences – Intentionally sexually touch child 10 years or older and under 16 years – Aggregate sentence Legislation Cited: Crimes Act 1900 (NSW), s 66DB Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 25D, 53A Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518 Bravo v R [2015] NSWCCA 302 DG v R [2017] NSWCCA 139 Ibbotson (A Pseudonym) v R [2020] NSWCCA 92 Johnson v The Queen [2004] HCA 15 R v Chan [2000] NSWCCA 345 R v MAK [2006] NSWCCA 381 RH McL v The Queen (2000) 203 CLR 452 Category: Sentence Parties: WD (Offender) Director for Public Prosecutions (Crown) Representation: Counsel: J Hibbard (Offender)