R v Lovas [2024] NSWDC 44

District Court New South Wales

Medium Neutral Citation: R v Lovas [2024] NSWDC 44 Hearing dates: 23 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Scott Lovas is convicted. 2 I impose an aggregate sentence of 3 years with a non-parole period of 18 months to date from 20 September 2022. The non-parole period will expire on 19 March 2024 and the head sentence will expire on 19 September 2025. 3 The offender is to be released on parole on 19 March 2024. Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Scott Lovas (Offender) Representation: Counsel: A Norrie (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Ross Hill & Associates (Offender) File Number(s): 2019/228027 Publication restriction: None

Judgment 1. Scott Lovas (the offender) appears for sentence after pleading guilty in the Local Court to four counts of sexual assault of a child between 10 and 16 years contrary to s 66C(3) Crimes Act 1900. 2. The maximum penalty for each offence is 10 years' imprisonment.

Approach to Sentencing 1. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ). 2. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act. 3. The offender entered a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.