NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Blaikie [2024] NSWDC 67 Hearing dates: 8 March 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [65-67] Catchwords: CRIME — Child sex offences — Sexual intercourse with person 10 or over & under 16 years CRIME — Child sex offences — Sexual intercourse with person under the age of 10 years CRIME — Child sex offences — Assault with intent to have sexual intercourse – person under 10 CRIME — Aggravated indecent assault – Victim under the age of 16 years Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v McNaughton (2006) 66 NSWLR 566 Veen v The Queen (No2) (1988) 164 CLR 465 R v Holder [1983] 3 NSWLR 245 Cahyadi v R [2007] NSWCCA 1 Texts Cited: NA Category: Sentence Parties: Rex (The Crown) John Blaikie (The Offender) Representation: Counsel: Apps for the Offender Oliver for The Crown
Solicitors: Crick for the Offender Dubiniecka for the Director of the Office of Public Prosecutions File Number(s): 2021/00361889
JUDGMENT 1. John Blaikie ("the offender") appears for sentence in respect of 6 offences for which he was found guilty by a jury following a trial which concluded on 28 November 2023. The offences are set out in the below table, together with brief particulars indicating the relevant complainant and the proven conduct, and also the maximum sentence. Counts 1 and 2 are offences of sexual intercourse with the difference being count 1 has an element that the victim be between the ages of 10 and 16 and for count 2 the victim must be under the age of 10. Count 3 is a charge of assault with intent to have sexual intercourse with a person under 10. Counts 4, 5 and 6 are offences of aggravated indecent assault with the victim being under the age of 16. The offending occurred in the period December 2001 to September 2002, so that there is no standard non parole period. As the offences were committed against children, the victims are referred to by the initials T and K. Count Sec Partics Max 1 66C T: digital penetration 8 2 66A K: digital penetration 20 3 66B K: assault with intent to have SI 20 4 61M K: IA; rub nipple 7 5 61M K: hand on penis 7 6 61M K: bottom slap 7
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate