NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Jeremiah [2024] NSWDC 206 Hearing dates: 31 May 2024 Date of orders: 05 June 2024 Decision date: 05 June 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Friday Fredrick Jeremiah is convicted. 2 I impose a term of imprisonment of 9 months with a non-parole period of 6 months to date from 4 June 2024. The non-parole period will expire on 3 December 2024 and the head sentence will expire on 3 March 2025. 3 The offender is to be released on parole on 3 December 2024. Catchwords: CRIME — Sexual offences — with person under care between 17 – 18 years Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Olbrich (1999) 199 CLR 270 R v Edwards (1996) 98 A Crim R 510 Category: Sentence Parties: Rex (Crown) Friday Jeremiah (Offender) Representation: Counsel: S Carr (Offender)
Solicitors: Office of the Director of Public Prosecutions (Crown) Macarthur Law Group (Offender) File Number(s): 2023/221865 Publication restriction: None
JUDGMENT 1. Friday Fredrick Jeremiah (the offender) appears for sentence after pleading guilty in the Local Court to an offence of sexual intercourse with person under care between 17 and 18 years contrary to s 73(2) Crimes Act 1900. 2. The maximum penalty for this offence is 4 years imprisonment.
Approach to Sentencing 1. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ). 2. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act. 3. The offender entered pleas of guilty in the Local Court and is entitled to a discount on sentence that reflects the utilitarian value of the pleas. The pleas also indicate remorse. The appropriate discount is 25%. 4. An Intensive Corrections Order is not an available sentencing option for this offence: s 67 Crimes (Sentencing Procedure) Act 1999
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