R v Griffin [2024] NSWDC 316

District Court New South Wales

Medium Neutral Citation: R v Griffin [2024] NSWDC 316 Hearing dates: 21, 28 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Aidan Griffin is convicted. 2 I impose a term of imprisonment of 3 years with a non-parole period of 2 years to date from 29 July 2022. The non parole period will expire on 28 July 2024 and the head sentence will expire on 28 July 2025. 3 The offender will be eligible to be released on parole on 28 July 2024. Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Olbrich (1999) 199 CLR 270 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: Rex (Crown) Aidan Griffin (Offender) Representation: Counsel: G James AM KC (Offender)

Solicitors: Director of Public Prosecutions (Crown) First Choice Legal (Offender) File Number(s): 2022/189506 Publication restriction: None

JUDGMENT 1. Aidan Griffin (the offender) appears for sentence after pleading guilty in the Local Court to an offence of sexual intercourse with child aged between 14 and 16 years contrary to s 66C(3) Crimes Act 1900. 2. The maximum penalty for this offence is 10 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 a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999. 4. An Intensive Corrections Order is not an available sentencing option for this offence: s 67 Crimes (Sentencing Procedure) Act 1999.