R v DW [2024] NSWDC 380

District Court New South Wales

Medium Neutral Citation: R v DW [2024] NSWDC 380 Hearing dates: 19 April 2024 Decision date: 13 June 2024 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: (1) For the offences to which he has pleaded guilty, the offender is convicted. (2) The sentence is as follows: (a) For count 1 (indecent assault person under 10 years), I indicate a term of imprisonment of 2 years and 8 months, which after the 25% discount is 2 years imprisonment. The indicative non-parole period is 1 year imprisonment; (b) For count 2 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 8 years, which after the 25% discount is 6 years imprisonment. The indicative non-parole period is 3 years imprisonment; (c) For count 5 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 8 years, which after the 25% discount is 6 years imprisonment. The indicative non-parole period is 3 years imprisonment; (d) For count 8 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 9 years, which after the 25% discount is 6 years 9 months imprisonment. The indicative non-parole period is 3 years 5 months imprisonment; (e) For count 10 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 10 years, which after the 25% discount is 7 years and 6 months imprisonment. The indicative non-parole period is 3 years and 9 months imprisonment; (f) For count 11 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 8 years, which after the 25% discount is 6 years imprisonment. The indicative non-parole period is 3 years imprisonment; (g) For count 13 (indecent assault person under 16 years), I indicate a term of imprisonment of 2 years, which after the 25% discount is 1 year and 6 months imprisonment. The indicative non-parole period is 9 months imprisonment; (h) For count 14 (commit act of indecency), I indicate a term of imprisonment of 18 months, which after the 25% discount is 13 months imprisonment. (i) For count 16 (indecent assault person under 16 years), taking into account count 15 on the form 1, I indicate a term of imprisonment of 2 years and 8 months, which after the 25% discount is 2 years imprisonment. The indicative non-parole period is 1 year imprisonment; (j) For count 17 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 10 years, which after the 25% discount is 7 years and 6 months imprisonment. The indicative non-parole period is 3 years and 9 months imprisonment; (k) For count 18 (sexual intercourse with person under 10 years), I indicate a term of imprisonment of 10 years, which after the 25% discount is 7 years and 6 months imprisonment. The indicative non-parole period is 3 years and 9 months imprisonment; (l) For count 20 (sexual intercourse with person under 10 years), taking into account count 23 on the form 1, I indicate a term of imprisonment of 12 years, which after the 25% discount is 9 years imprisonment. The indicative non-parole period is 4 years and 6 months imprisonment. (3) I set an aggregate term of imprisonment of 20 years with a non-parole period of 10 years. (4) The sentence commences on 3 August 2020 and expires on 2 August 2040. (5) The offender will be eligible for release to parole on 2 August 2030. Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years --- Multiple victims, offender the grandfather of the victims CRIME — Sexual offences — Aggravated sexual assault — Victim under authority --- Committed whilst under authority of grandparents CRIME — Sexual offences — Indecent assault Legislation Cited: Crimes Act 1900 (NSW), s 61M(2), 61O(2), 66A Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, 21A(2)(g), 21A(2)(k), 21A(2)(l), 21A(3)(e), 21A(3)(f), 21A(3)(i), 21A(3)(k), 21A(5A), 25D(2), 53A Cases Cited: Johnson v The Queen [2004] HCA 15 Liu v R [2023] NSWCCA 30 PN v R [2024] NSWCCA 86 R v MAK [2006] NSWCCA 381 R v Mammone [2006] NSWCCA 138 R v PGM [2008] NSWCCA 172 R v Sopher (1993) 70 A Crim R 570 RH McL v The Queen (2000) 203 CLR 452 Texts Cited: Nil Category: Sentence Parties: Director for Public Prosecutions (NSW) (Crown) DW (Offender) Representation: Counsel: Mr J Tunks (NSW) (Crown) Mr M Doyle (Queen's Square Chambers)