R v Iloski [2023] NSWDC 596

District Court New South Wales

Medium Neutral Citation: R v Iloski [2023] NSWDC 596 Hearing dates: 3 November 2023 Decision date: 16 November 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – 1st time in custody, considering his age, the need for a longer period on supervised parole to assist the offender to reintegrate into the community. Indicative sentences COUNT 1 - 004 - 18 months COUNT 2 - 005 – 2 years with NPP of 1 year & 3 months COUNT 3 - 006 - 2 years with NPP of 1 year & 3 months COUNT 4 - 007 - 3 years & 6 months, with NPP of 2 years & 3 months COUNT 5 - 008 - 7 years COUNT 6 - 009 - 4 years with NPP of 2 years & 8 months COUNT 7 - 010 - 4 years with NPP of 2 years & 8 months COUNT 8 – 011 - 4 years with NPP of 2 years & 8 months COUNT 9 – 003 – 3 years with NPP of 2 years Aggregate sentence Sentenced to a term of imprisonment of 11 years, comprising a NPP of 7 years and 2 months to commence on 30 August 2023 and expiring on 29 October 2030, and a balance of term of 3 years and 10 months to expire on 29 August 2034. Catchwords: CRIMINAL – sentence after trial – 9 counts of indecent & sexual assault between 2003 & 2009 on 3 "particularly vulnerable" victims all under the age of 16– offender in his 40s - ongoing & deliberate conduct – offender took advantage of his close friendship with children's mother to gain access & trust – significance of age gap - degree of exploitation – seriousness of offences –impact of offending – subjective matters – indicative and aggregate sentences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Chamseddine v R [2017] NSWCCA 176 Muldrock v The Queen [2011] HCA 39 PC v R [2022] NSWCCA 107 Category: Sentence Parties: Rex Iloski, Dragan Representation: Counsel: Crown: Mr N Marney ODPP Defence: Mr G Hoare Solicitors: Crown: Ms E Galea ODPP Defence: Mr B Ford Douglass & Ford Criminal Law File Number(s): 2022/0069189 Publication restriction: NPO in respect of the names of the complainants or anything that might tend to identify them.