R v Pineda [2021] NSWDC 849

District Court New South Wales

Medium Neutral Citation: R v Pineda [2021] NSWDC 849 Hearing dates: 29/3/21, 27/4/21 Date of orders: 27/4/21 Decision date: 27 April 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 7 years with a NPP of 4 years (8/4/20-7/4/24). I find special circumstances. The indicative sentences are: Count 1 Sexual intercourse with child under 10 years – 5 years 3months with NPP 3 years (Form 1 taken into account). Count 2 Sexual intercourse with child under 10 years – 4 years 9 months with NPP 2 years 9 months. Catchwords: Crime – Sentence – Sexual intercourse with a child under 10 years Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Chamseddine v R [2017] NSWCCA 176 Colbert v R [2021] NSWCCA 38 R v MJR [2002] 54 A Crim R 368 R v Nelson [2016] NSWCCA 130 R v PGM [2008] NSWCCA 172 R v Tuala [2015] NSWCCA 8 RP v R [2013] NSWCCA 192 Category: Sentence Parties: NSW DPP – Crown Dominador Pineda - Offender Representation: Mr A Isaacs for Crown Mr A Cassels for Offender File Number(s): 20/107449 Publication restriction: Statutory non-publication of the identity of the complainant

remarks on sentence 1. Mr Dominador Pineda is today for sentence in relation to two offences being two offences under s 66A(1) of the Crimes Act 1900, of sexual intercourse with a child under the age of 10 years. The maximum penalty for each of those offences is 25 years imprisonment and a standard non-parole period of 15 years is specified. Of course, the maximum penalty and the standard non-parole period are guideposts in the sentencing exercise to which I have had regard. 2. In addition, the offender asks that in sentencing him on the count 1 offence on the indictment that I take into account a further two offences to which he admits his guilt. Those offences are the sequence 10 offence of aggravated incitement of an act of indecency involving a child under 10 years, the maximum penalty for which is five years imprisonment, and the sequence 6 offence which is an offence of aggravated indecent assault of a child under 16 years of age, the maximum penalty for which is 10 years imprisonment and for which a standard non-parole period of eight years is specified. 3. He has pleaded guilty at the earliest opportunity and therefore he is entitled to, and I will allow, a 25% discount on account of the utilitarian value of that plea of guilty.