R v KA [2024] NSWDC 610

District Court New South Wales

Medium Neutral Citation: R v KA [2024] NSWDC 610 Hearing dates: 21 June 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. For Count 10, offender is sentenced to 3 years imprisonment with a NPP of 18 months. 3. For Count 11 and 12, offender is sentenced to 6 months fixed term imprisonment. Catchwords: CRIME – sentence – after trial – Count 10 – sexual intercourse with child between 10 and 16 – contrary to s66C Crimes Act – maximum penalty 8 years imprisonment – Count 11 and 12 – indecent assault – s61E(1) Crimes Act – maximum penalty 4 years imprisonment OFFENCES – historical child sexual assault offences – between 1989 and 1992 – victim aged between 14 and 16 – offender aged between 19 and 20 – cousins – offender stayed overnight at victim's family home – Count 10 – offender removed victim's pyjamas and laid on top of her – penile vaginal intercourse – victim in pain and bleeding – Count 11 and 12 – offender entered victim's room while asleep – lifted blanket and touched her genital region and breast area – offender arrested 8 February 2022 OBJECTIVE SERIOUSNESS – Count 10 – occurred in victim's home – unprotected sex – some force – brazen – middle range – Count 11 and 12 – opportunistic and brief – lower range – lengthy and detailed VIS SUBJECTIVE CASE – offender now 54 – no criminal record at the time – committed offences since – successful rehabilitation following imprisonment – secure childhood – difficulty at school – went "off the rails" – drug and alcohol use – bankrupt in 2008 – now carer for aging parents – persistent depressive disorder SENTENCE – general deterrence – no discount – delay – youth at time of offending. Legislation Cited: Crimes Act 1900 (NSW): ss 61E(1), 66C(1) Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 5, 21A Cases Cited: R v Gavel [2014] NSWCCA 56 Category: Sentence Parties: Rex (Crown) KA (Offender) Representation: Counsel: C Dodds (Crown) B Robinson (Offender)