R v. RA [2006] NSWDC 138

New South Wales District Court

CITATION: R v. RA [2006] NSWDC 138

JUDGMENT DATE: 18 August 2006

JUDGMENT OF: Finnane QC DCJ

DECISION: Count 1. I sentence the offender to a non-parole period of thirteen years. The balance of the term will be four years and four months. The non-parole period commences on 18 August 2006 and expires on 17 August 2019. The balance of the term commences on 18 August 2019 and the sentence concludes on 17 December 2023. ; Count 3. I sentence the offender to a non-parole period of seven years. The balance of the terms will be two years and four months. The non-parole period commences on 18 August 2013 and concludes on 17 August 2020. The balance of the term commences on 18 August 2020 and the sentence concludes on 17 December 2022. ; Count 4. I sentence the offender to a non-parole period of thirteen years. The balance of the term will be five years. The non-parole period commences on 18 August 2009 and concludes on 17 August 2022 on which day the offender is eligible for parole. The balance of the term commences on 18 August 2022 and concludes on 17 August 2027 on which day the offender is to be released from custody.

CATCHWORDS: Sexual Intercourse - Child under 10 years of age - Sentence - criminality - level of seriousness - abuse of relationship - daughter - vaginal intercourse - digital intercourse - extent of contrition and remorse

LEGISLATION CITED: Crimes Act 1900; s66A Crimes (Sentencing Procedure) Act 1999; ss. 21A, 54B

CASES CITED: R v. AGP [2004] NSWCCA 434

PARTIES: Regina RA

FILE NUMBER(S): 04/31/0470

COUNSEL: Crown: Mr G Fatches Offender: Mr G Jauncey

SOLICITORS: NSW DPP: Mr J Outram Offender: Legal Aid Representatives