R v Sorensen [2024] NSWDC 138

District Court New South Wales

Medium Neutral Citation: R v Sorensen [2024] NSWDC 138 Hearing dates: 14 September 2023, 17 November 2023, 9 February 2024, 12 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) I impose a sentence of 2 years 7 months. (2) Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) the sentence is to be served by way of intensive correction order. (3) The standard conditions prescribed by section 73 of the Crimes (Sentencing Procedure) Act 1999 apply, that is: – (a) The offender must not commit any offence; and (b) The offender must submit to the supervision by a Community Corrections Officer. (c) The following additional conditions apply: – (i) The offender is to serve a period of 1 year 10 months of the intensive correction order by way of home detention commencing today 12 April 2024. (ii) The offender is to attend on Dr Antony Henderson, Forensic Psychiatrist at a frequency of at least once every month initially in order to monitor compliance with a treatment plan implemented by Dr Henderson. (iii) The offender is to comply with any directions of Dr Henderson in regards to treatment including any referral to any other treating psychiatrist that Dr Henderson deems fit. (iv) The offender is to remain compliant with all appropriately prescribed medication. (v) The offender is to continue to accept ongoing psychological treatment with Dr Teo Xia, psychologist on a fortnightly basis or otherwise as directed by Dr Xia. (vi) The offender is to remain abstinent from all alcohol and illicit substance use to be confirmed by random liver function test monitoring, CDD testing and urine drug screen monitoring at a frequency of once every 6 to 8 weeks or as required by his supervising psychiatrist, general practitioner or psychologist. (vii) The offender is to remain an active participant in the PTSD support group and rehabilitation group Veteran Surf Project. (viii) In the event the offender relapses in respect to alcohol or illicit drug use he is to accept an admission to a residential drug and alcohol treatment facility. (ix) Should the offender experience a significant deterioration in his mental health, he is to accept a further admission to an inpatient psychiatric treatment facility. (x) The offender is to waive any clinical rights of confidentiality in order to notify the Court should any breaches of the proposed treatment plan take place. (4) The offender is to immediately report to the Mt Druitt Community Corrections Office. (5) I have been advised by Community Corrections that the home detention orders require mandatory electronic monitoring. To the extent that is not the case, the offender is subject to electronic monitoring for the duration of the home detention order. Catchwords: CRIME – sentence - intentionally record intimate image without consent – multiple complainants – victim impact statements – intensive correction order – relevant considerations – home detention Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999, ss 37, 53A, 66, 3A Crimes Act 1900, ss 91P(1), 344A Cases Cited: Butters v R [2010] NSWCCA 1 DC v R [2023] NSWCCA 82 Devaney v R [2012] NSWCCA 285 DG v R [2023] NSWCCA 320 Director of Public Prosecutions (NSW) v TH [2023) NSWCCA 81 Einfeld v R [2010] NSWCCA 87; (2010) 200 A Crim R 1 Filippou v R (2015) 89 ALJR 996; [2015] HCA 29 Hall v R [2021] NSWCCA 220 Hesketh v R [2021] NSWCCA 26 Hughes v R [2008] NSWCCA 48 Johnson v R [2016] NSWCCA 286 LN v R [ 2020] NSWCCA 131 Mandranis v R [2021] NSWCCA 97 Munro v R [2006] NSWCCA 350 Pfitzner v R [2010] NSWCCA 314 R v JRD [2007] NSWCCA 55 R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 R v Olbrich (1999) 199 CLR 270 R v Elfar [2003] NSWCCA 358 R v Harrison [2001] NSWCCA 79 R v McGourty [2002] NSWCCA 335 R v Palu [2002] NSWCCA 381 R v Qutami [2001] NSWCCA 353 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Stanley v DPP [2023] HCA 3 Van Zwam v R [2017] NSWCCA 127 Zheng v R [2023] NSWCCA 64 Category: Sentence Parties: Rex (Crown) Kevin Sorensen (Offender) Representation: Counsel: Mr P Boulton SC; Mr D McMahon (Offender)