R v Leonard [2024] NSWDC 385

District Court New South Wales

Medium Neutral Citation: R v Leonard [2024] NSWDC 385 Hearing dates: 17-24 June 2024, 22 August 2024, 27 August 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentence to an aggregate term of imprisonment of 9 months with a NPP of 3 months. Catchwords: Crime – Sentence – Indecent assault of a male person – Historical offences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Clarkson v R [2011] VSCA 157; 32 VR 361 Croxon v R [2017] NSWCCA 213 Flaherty [2016] NSWCCA 188 Hornhardt v R [2017] NSWCCA 186 Magnuson v R [2013] NSWCCA 50 Mohindra v R [2020] NSWCCA 340 O'Sullivan [2019] NSWCCA 261 R v Cattell [2019] NSWCCA 297 R v Obbens [2022] NSWCCA 109 R v Gavel [2014] NSWCCA 56 R v Miranda [2002] NSWCCA 89 R v Sopher (1993) 70 A Crim R 570 R v Todd [1982] 2 NSWLR 517 Wade v R [2018] NSWCCA 85 Category: Sentence Parties: NSW DPP – Crown Lawrence Leonard - Offender Representation: Ms S Gul for Crown Mr J Glissan KC and Mr A Moutasallem File Number(s): 20/254171 Publication restriction: Statutory non-publication of the identity of the victim.

remarks on sentence 1. After a trial before a jury of 12, the offender was on 24 June 2024, found guilty of two offences of indecent assault on a male person. Those were offences under the (now repealed) s.81 of the Crimes Act 1900. 2. The maximum penalty for each offence - as it stood in 1974 - is 5 years imprisonment. 3. The maximum penalty is an important guidepost in the sentencing exercise to which I have had due regard.