R v Bako [2024] NSWDC 630

District Court New South Wales

Medium Neutral Citation: R v Bako [2024] NSWDC 630 Hearing dates: 23 August 2024 Decision date: 18 October 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences – see attached table. Aggregate sentence: Special circumstances found – first time in custody, likely to find it harder in custody because of nature of offences & likely place of custody etc & stress caused to family. Sentenced to an aggregate term of imprisonment for 10 years with a non-parole period of 5 years to commence on 22 March 2024 and to expire on 21 March 2029, upon which date he will become eligible for release to parole, and a balance of term of 5 years to expire on 21 March 2034. Catchwords: CRIME – Sentencing – 20 counts of sexual offending by tennis coach against 3 victims – IT, aged 15-17; VM, aged 12-13; DZ, aged 8-15 – multiple, like offending occurring over 5-year period including: assault with act of indecency – indecent assault person under 16 – adult maintain unlawful relationship with child (DZ) - victims under authority - "under authority" as an element of offence where particularised as such, otherwise a statutory aggravating circumstance - breaches of trust – uncharged acts - objective seriousness of offences – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Nolan v R [2024] NSWCCA 140 Category: Sentence Parties: Rex Bako, John Representation: Counsel: Crown: Ms K Nightingale, ODPP Defence: Mr G Scragg Solicitors: Crown: Ms C Deibe, ODPP Defence: Mr C Kenny, Mr M Wafai, Ly Lawyers File Number(s): 2022/00265845 Publication restriction: NPO in respect of the names of the complainants or anything that might tend to identify them.