R v Smith (a pseudonym) [2024] NSWDC 103

District Court New South Wales

Medium Neutral Citation: R v Smith (a pseudonym) [2024] NSWDC 103 Hearing dates: 31 January 2024 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 6 years and 6 months with a non-parole period of 4 years and 2 months Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Victim under authority CRIME — Domestic violence — "Domestic violence offence" SENTENCING — Aggravating factors — Familial relationship — Breach of trust SENTENCING — Mitigating factors — Prior good character — Treated as having no record of previous convictions — Plea of guilty — Remorse— Low risk of re-offending SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Form 1 offences — Objective seriousness SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Mental Health — Alcohol use —Intoxication — Special circumstances Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149 Weininger v The Queen (2003) 212 CLR 629 Category: Sentence Parties: Alex Smith (a pseudonym) (offender) Public Prosecutions (NSW) (Crown) Representation: Counsel: S Dayeian (for the offender)