R v Luitel [2024] NSWDC 616

District Court New South Wales

Medium Neutral Citation: R v Luitel [2024] NSWDC 616 Hearing dates: 5 December 2024 Decision date: 06 December 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Special circumstances found – first time in custody, need for an extended period of supervision in the community. Indicative sentences: Count 1: 4 years with NPP of 2 years Count 2: 4 years with NPP of 2 years Count 3: 1 year and 6 months Aggregate sentence: Sentenced to a total term of imprisonment of 5 years and 6 months comprising a non-parole period of 2 years and 9 months commencing on 11 September 2024 and expiring on 10 June 2027, upon which date he will become eligible for parole, and a balance of term of 2 years and 9 months commencing on 11 June 2027 and expiring on 10 March 2030. Catchwords: CRIME – Sentencing - sexual intercourse without consent (x 2) - sexually touch another person without consent – seriousness of offending - statutory aggravating factor of being under authority applies –difficulties of assessing prospect of rehabilitation, remorse and contrition & need for strong emphasis on general and specific deterrence where offender continues to deny the offences - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Rex Luitel, Ashish Representation: Counsel: Crown: Ms E Beljic Defence: Mr Dalton SC Solicitors: Crown: Ms U Ossatjyz, ODPP Defence: Mr S Mercael, Criminal Lawyers Group File Number(s): 2023/00199016 Publication restriction: NPO in respect of the names of the complainant and her family, and anything that might tend to identify them.