R v SH [2024] NSWDC 104

District Court New South Wales

Medium Neutral Citation: R v SH [2024] NSWDC 104 Hearing dates: 15 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: (1) A non-publication order is made with respect to s 7 of the Court Suppression and Non-Publication Orders Act 2010. I direct that the names of the young person and the victim or any features which might be able to identify either party are to be suppressed. (2) In respect of the charge to which you have pleaded guilty, you are convicted. (3) Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act 1999, instead of imposing a period of imprisonment, you are ordered to comply with a community corrections order in place for 3 years commencing today. (4) You must attend the Maitland Community Corrections Centre within seven days from today. (5) The community corrections order will have the following conditions; (a) You are not to commit any further offences. (b) You must appear before the Court if called upon to do so at any time. (c) For the period of the orders, or for any lesser period deemed appropriate, you must accept the supervision of the Department of Community Corrections and obey all reasonable directions of that service relating to ongoing counselling, including for mental health issues and if deemed necessary, a referral to an appropriate sex offender treatment program. (d) You are not to assault, molest, interfere, stalk, contact or have anything to do with the victim in this matter. (e) You must obey all reasonable directions of any treating health professional. (f) You are to visit a general practitioner within 28 days as of today or as soon as possible for the purpose of obtaining a mental health treatment plan. (g) You must visit a general practitioner within 28 days as of today or as soon as possible for the purpose of obtaining a referral for psychometric testing to assess any cognitive impairment or autism spectrum disorder. (6) I make an order pursuant to section 3C(1) of the Child Protection (Offender's Registration) Act 2000 that the young person is not to be treated as a registrable person for the purposes of the Act. Catchwords: CRIMINAL – sentence – child sexual intercourse Legislation Cited: Child Protection (Offenders Registration) Act 2000 Children's (Criminal Proceedings) Act 1987 Court Suppression and Non-Publication Orders Act 2010 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v AA [2017] NSWCCA 84 BM v R [2019] NSWCCA 223 R v KNL [2005] NSWCCA 260 RJA v R [2014] NSWCCA 89 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434 Jolly v R [2013] NSWCCA 76 R v Gavel [2014] NSWCCA 56 R v Millwood [2012] NSWCCA 2 Lloyd v R [2022] NSWCCA 18 Paul Campbell v R [2018] NSWCCA 87 R v Andrew Button (a pseudonym) [2021] NSWDC 829 R v DT [2019] NSWDC 673 R v KL [2019] NSWDC 731 R v ROK [2021] NSWDC 448 MS2 & Ors v Regina (2005) 158 A Crim R 93 Category: Sentence Parties: SH (Offender) Office of the Director of Public Prosecutions (Crown) Representation: Counsel: Mr G Kidd (Crown) Mr G Sundstrom (Defence)