R v Stokes [2024] NSWDC 405

District Court New South Wales

Medium Neutral Citation: R v Stokes [2024] NSWDC 405 Hearing dates: 2 May 2024, 18 June 2024. Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Criminal Before: Bennett SC ADCJ Decision: See [167] Catchwords: Crime – Sentencing – Aggregate Sentence – Guilty Plea – Act of indecency on underage person – Dance Teacher. Legislation Cited: Crimes Act 1900 (Sentencing Procedure) Act 1999 Cases Cited: Tepania v R [2018] NSWCCA 247 Muldrock v The Queen [2011] HCA 39 Markarian v R [2005] HCA 25, (2005) 228 CLR 357 Cheung v R [2001] 209 CLR 1 R v Olbrich (1999) 119 CLR 162 Savvas v The Queen (1995) 183 CLR1 R v Issacs (1997) 41 NSWLR 374 Milliner v R [2019] NSWCCA 127 Category: Sentence Parties: Benjamin Jay Stokes (Defendant) The Crown (Prosecution) Representation: Counsel: Mr. Hooper (Defence)

Solicitors: Shirin Razi (Defence) Office of the Director of Public Prosecutions File Number(s): 2021/289945, 2021/342968, 2022/260382 Publication restriction: Suppression order re identity of complainants. Non-publication order re identity of complainants.

JUDGMENT 1. Benjamin Jay Stokes was presented for trial by jury upon an indictment alleging the following offences. Counts One and Two Between 1 January 2012 and 20 September 2012 at Mount Annan in the State of New South Wales did assault DW and at the time of the assault committed an act of indecency on DW and at the time of the offence DW was under the age of 16 years, namely nine or ten years. S 61M(2) Crimes Act 1900. Counts Three, Four, Five and Six Between 1 May 2013 and 31 December 2013 at Elderslie in the State of New South Wales, being an adult engaged in conduct that exposed indecent material to DM, being a child under the age of 14, namely 12 years of age, with the intention of making it easier to procure DM for unlawful sexual activity with Benjamin Stokes. S 66EB(3) Crimes Act 1900. Count Seven Between 1 May 2013 and 31 December 2013 at Elderslie in the State of New South Wales did intentionally meet with a child, namely DM, who Benjamin Stokes had groomed with the intention of procuring DM for unlawful sexual activity. S 66EB(2)(a) Crimes Act 1900. Count Eight Between 1 May 2013 and 31 December 2013 at Elderslie in the State of New South Wales did assault DM and at the time of the assault committed an act of indecency on DM and at the time of the offence DM was under the age of 16 years, namely 12 years of age. S 61M(2) Crimes Act 1900. Counts Nine and Ten Between 31 May 2014 and 31 December 2014 at Mount Annan and elsewhere in the State of New South Wales, being an adult engaged in conduct that exposed indecent material to JK being a child under the age of 14, namely 13 years of age with the intention of making it easier to procure DM for unlawful sexual activity with Benjamin Stokes. S 66EB(3) Crimes Act 1900. Count Eleven Between 1 January 2013 and 1 January 2015 at Smeaton Grange in the State of New South Wales did assault JK and at the time of the assault committed an act of indecency on JK and at the time of the offence JK was under the age of 16 years, namely 13 years of age. S 61M(2) Crimes Act 1900. Count Twelve On 12 July 2014 at Mount Annan in the State of New South Wales did assault AC and at the time of the assault committed an act of indecency on AC, and at the time of the offence AC was under the age of 16 years, namely 14 years old. S 61M(2) Crimes Act 1900. 1. The Crown case was that the accused committed the offences when operating a dance studio for children. Each of the complainants attended the dance studio. The trial did not proceed to verdict. During his cross-examination, the accused pleaded guilty to all counts on the indictment in the circumstances discussed below.