R v Baldwin-Davies [2023] NSWDC 595

District Court New South Wales

Medium Neutral Citation: R v Baldwin-Davies [2023] NSWDC 595 Hearing dates: 20 September 2023, 9 November 2023 Decision date: 20 November 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Special circumstances found – 1st time in custody, need for longer period of supervised parole to assist him with rehabilitation. Indicative sentences: [25% discount on each count] SEQ 006: 1 year, 6 months SEQ 007: 5 years with NPP of 3 years, 3 months SEQ 008: 6 years with NPP of 4 years, 6 months SEQ 009: 5 years with NPP of 3 years, 3 months SEQ 010: 6 years with NPP of 4 years, 6 months SEQ 011: 4 years SEQ 012: 6 years with NPP of 4 years, 6 months SEQ 013: 3 years SEQ 014: 3 years SEQ 015: 3 years Aggregate sentence: Sentenced to a term of imprisonment of 12 years with a NPP of 7 years and 9 months to commence on 4 January 2022 and to expire on 3 October 2029, and a balance of term of 4 years and 3 months to commence on 4 October 2029 and expire on 3 January 2034. Catchwords: CRIMINAL – sentence - use child aged 14 or above and under 16 years for production of child abuse material - aggravated sexual intercourse with a child of/above 14 years and under 16 years of age - intentionally sexually touch a child ten years of age and less than 16 years of age – victim diagnosed with ASD & significant intellectual limitations, slightly above the range of mild intellectual disability – objective seriousness - continuous sequence of offences, "opportunistic & predatory", a breach of trust, taking place within the home of the victim's aunt – subjective matters Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 R v Gavel [2014] NSWCCA 56 Category: Sentence Parties: Rex Baldwin-Davies, Luke Representation: Counsel: Defence: Mr I Fraser