NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Shrestha [2024] NSWDC 256 Hearing dates: 22 March 2024 Decision date: 25 March 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences: SEQ 011 - Count 1 (+Form 1 SEQ 001) : 3 years and 6 months SEQ 012 - Count 2 (+Form 1 SEQ 006) : 3 years and 6 months Aggregate sentence: Convicted. Special circumstances found– need for a longer period of supervised parole to aid the offender to deal with his substance abuse and return to a normal life in the community. Sentenced to a term of imprisonment for 4 years comprising a NPP of 2 years to commence on 23 March 2024 and to expire on 22 March 2026 and a balance of term of 2 years to commence on 23 March 2026 and to expire on 22 March 2028. Eligible for release to parole on 22 March 2026. Catchwords: CRIMINAL – sentence – 2 counts of sexual intercourse with a child aged 14 and under 16 – duplicity of acts - election - Form 1 matters (x2) intentionally sexually touch child (10 years or over and under 16) – seriousness of offences - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP v De La Rosa [2010] 79 NSWLR R v Collins [2023] NSWDC 599 R v Fisher [2021] NSWCCA 91 R v Proverts [2002] NSWDC 737 R v Rush [2019] NSWDC 773 R v Wright [2017] NSWCCA 102 Salvatore v R [2009] NSWCCA 104 Category: Sentence Parties: Rex Shrestha, Akash Representation: Counsel: Crown: Ms K MacKenzie Defence: Mr G M Thomas
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