R v AS [2024] NSWDC 54

District Court New South Wales

Medium Neutral Citation: R v AS [2024] NSWDC 54 Hearing dates: 27 February 2024 Date of orders: 7 March 2024 Decision date: 07 March 2024 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [50-51] Catchwords: CRIME — Child sex offences — Intentional incite child >=10&<16 do sex act to them CRIME — Child sex offences — Aggravated - sexual intercourse child >=10 & <14 yrs CRIME — Child sex offences — Intentionally sexually touch child >=10yrs & < 16yrs CRIME — Child sex offences — Groom child under 14 years for unlawful sexual activity Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v R (2011) 244 CLR 120 Texts Cited: NA Category: Sentence Parties: Rex (The Crown) AS (The Offender) Representation: Counsel: Hanna for the Crown Cusack for the Offender File Number(s): 2022/00014932

JUDGMENT

Introduction 1. On 27 February 2024 AS appeared for sentence in respect of six offences. In respect of one of them, count 6 on the indictment the offender pleaded guilty and in respect of counts 1 to 5 was on 31 October 2023 found guilty by a jury following a trial. 2. The offences committed were as follows: 1. Counts 1, 2 and 3 on the indictment were offences of aggravated sexual intercourse with a child between the ages of 10 and 14; section 66C(2) of the Crimes Act which has a maximum penalty of 20 years and a standard non-parole period of nine years. 2. Sexual touching of a child between 10 and 16; section 66DB(a) of the Crimes Act with a maximum penalty of 10 years and no standard non-parole period. 3. Attempted grooming of a child under 14; section 66EB(3) of the Crimes Act with a maximum penalty of 12 years and a standard non-parole period of five years. 4. Incite a child between 10 and 16 to carry out a sexual act towards a person; section 66DD(b) with a maximum penalty of two years and no standard non-parole period. 1. There were no matters on a Form 1 to take into account nor were there any matters to consider by way of a section 166 certificate. The offender was not on conditional liberty at the time of the offending. The offending occurred in the course of 2021. 2. In relation to the maximum sentences and where applicable the standard non-parole period, those matters are taken into account as legislative guideposts, indicating the legislature's view of the seriousness of the offences so as to assist in arriving at the appropriate sentence. In relation to the standard non-parole period I note that in Muldrock (2011) 244 CLR 120 at [29] the High Court made clear that it has application even when the offending is not considered to be in the middle of the range of seriousness as that term is used in section 54A of the Crimes (Sentencing Procedure) Act ("CSPA"). The standard non-parole period is an indication of the legislative view of the seriousness of the offence.