R v Parese [2024] NSWDC 65

District Court New South Wales

Medium Neutral Citation: R v Parese [2024] NSWDC 65 Hearing dates: 23 February 2024 Decision date: 14 March 2024 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: 1. The offender is convicted on all offences. 2. The aggregate sentence imposed is 28 years imprisonment with a non-parole period of 18 ½ years to date from 5 May 2020. Sentence will expire on 4 May 2048 and the offender is eligible for release to parole on 4 November 2038. Catchwords: SENTENCING – cognitive impairment – sexual offences – moral culpability – breach of conditional liberty – aggravated sexual assault – aggravated indecent assault – aggravated incite sexual touching – assault occasioning actual bodily harm – sexual intercourse with a person with a cognitive impairment – steal property in a dwelling house – armed with intent to intimidate – use offensive weapon with intent to steal from dwelling – demand property with menaces – common assault – damage property Legislation Cited: ss 33B(1)a), 37(1), 59(1), 61, 61J(1), 61KD(1)(b), 61M(1), 66F(3), 95(1), 99(1), 114(1)(a), 148, 195(1)(a), Crimes Act 1900 (NSW) s25C Crimes (High Risk Offenders) Act 2006 (NSW) Category: Sentence Parties: Rex; Francesco Parese Representation: Counsel: Crown: Ms J Smith Defence Mr A Parsons Solicitors: Crown: Ms N Carter Defence: Mr N Digges File Number(s): 2020/71071 Publication restriction: Statutory non-publication order re complainants' identity and/or anything that may identify them. Non-publication order in relation to part of Dr Chew's report contained in para [162] - redacted