R v JA [2024] NSWDC 489

District Court New South Wales

Medium Neutral Citation: R v JA [2024] NSWDC 489 Hearing dates: 29 August 2024 Decision date: 30 August 2024 Jurisdiction: Criminal Before: Wass SC DCJ Decision: See [80] – [83] Catchwords: CRIME – Sentencing – Sexual intercourse with child under the age of 10 years – Failure to comply with reporting obligations – Repeat child sex offender – Negligence by the Department of Communities and Justice Cases Cited: Bugmy v The Queen [2013] HCA 37 Category: Principal judgment Parties: Rex (Crown) JA (Defendant) Representation: Counsel: Ms K. Mulley (Crown) Mr M. Doyle (Defendant)

Solicitors: Office of the Director of Public Prosecutions (Crown) Tony Cox Lawyers (Defendant) File Number(s): 2022/265028, 2022/271498 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), there is to be no publication of the defendant's name until further order.

Pursuant to s 578A of the Crimes Act 1900 (NSW), there is to be no publication of any matter which identifies the complainant.

JUDGMENT 1. JA faces sentence for two offences. 1. Sexual intercourse with a child under ten years. It carries a maximum penalty of life imprisonment with a standard non-parole period of fifteen years; and 2. Failure to comply with a reporting obligation. The obligation arises from past similar offending. It carries a maximum penalty of five years. 1. Those maximum penalties serve as valuable guideposts in the sentencing process. 2. The offender offended against his biological daughter Z. I intend no disrespect to her for referring to her in that way. I do it because of the need to protect her privacy. 3. Indeed, for reasons that I will come to, Z is to be shown great respect. She immediately reported the offending to a person in authority who could take steps to protect her and to the further administration of justice. She participated in the sentencing proceedings so that her statement could be heard. She did so when she had only just realised the dream that she had at the time to live with her father, a dream that all young children have a right to have realised. That dream was shattered almost immediately by the offender's reckless, damaging and perverse offending.