R v MKG [2024] NSWDC 172

District Court New South Wales

Medium Neutral Citation: R v MKG [2024] NSWDC 172 Hearing dates: 8 April 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced Catchwords: CRIMES – sexual offences – historical indecent assault – complainant under 16 years SENTENCING – relevant factors on sentence – no criminal history – general deterrence – aggregate sentence Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Carr v R [2020] NSWCCA 214 Hopley v R [2008] NSWCCA 105 Kelly v R [2021] NSWCCA 154 R v Boney [2008] NSWCCA 313 R v Cattell [2020] NSWCCA 297 R v Muldoon unrep. NSWCCA 13.12.1990 R v Todd [1982] 2 NSWLR 517 R v Van Ryn [2016] NSWCCA 1 Ryan v R [2001] HCA 21 Category: Sentence Parties: Rex MKG (anonymised) Representation: Counsel: Ms L Hanshaw, Solicitor Advocate for the Crown Mr D McCallum of counsel for the Offender

Solicitors: Office of the Director of Public Prosecutions File Number(s): 2022/21998 Publication restriction: There is to be no publication of the name of the complainant nor anything that might tend to identify her.

JUDGMENT 1. On 8 March 2024 the offender was convicted after trial by a jury of the following, that he: 1. Count 1: Between 1 January 1977 and 31 December 1978 at [a town] in the State of New South Wales did assault TG, a female then under the age of 16 years and at the time of that assault committed an act of indecency on TG contrary to s 76 of the Crimes Act, 1900 as it then was, and further 2. Count 2: Between 1 January 1979 and 31 December 1980 at [a town] in the State of New South Wales did assault TG, a female then under the age of 16 years and at the time of that assault committed an act of indecency on TG, contrary to s 76 of the Crimes Act as it then was and further 3. Count 4, which was the alternative to count 3: Between 1 January 1979 and 31 December 1981 at [a town] in the State of New South Wales did assault TG, a female then under the age of 16 years and at the time of that assault committed an act of indecency on TG, contrary to s 76 of the Crimes Act as it then was. 1. As the offender pleaded not guilty there can be no discount or consideration for any plea of guilty. That is not to say that the penalty is increased because the offender put the Crown to proof, rather there can be no discount or consideration for any plea of guilty. 2. The maximum penalty applicable at the time of the offending was 6 years imprisonment. No standard non-parole period applied at the time.