R v McIntosh [2006] NSWDC 97

New South Wales District Court

CITATION: R v McIntosh [2006] NSWDC 97

JUDGMENT DATE: 8 September 2006

JUDGMENT OF: Conlon SC DCJ at 1

DECISION: See para 56

CATCHWORDS: Discount for plea of guilty on first day of trial where Crown accepts plea in full satisfaction of indictment - Delay - Diagnosis of paedophilia - Moderate risk of sexual recidivism

LEGISLATION CITED: Crimes Act 1900 s 61M(2) Crimes (Sentencing Procedure) Act 1999 s 21A

R v SY & Anor [2003] NSWCCA 291 R v Dib [2003] NSWCCA 117 R v Ponfield (1999) 48 NSWLR 327 R v R [2000] NSWCCA 163 CASES CITED: R v Thomson and Houlton (2000) 49 NSWLR 383 R v Todd [1982] 2 NSWLR 517 R v Olbrich (1999) 199 CLR 270 R v Dent (unreported NSWCCA 14 March 1991) R v Fisher (1989) 40 A Crim R 445

PARTIES: Regina Peter James McIntosh

FILE NUMBER(S): 05/21/2018

COUNSEL: Mr J Chicken (offender)

SOLICITORS: Ms T Kauffman (NSW DPP) Nikola Velcic & Associates

SENTENCE

1 HIS HONOUR: The offender, Peter James McIntosh, appears for sentence consequent upon his pleading guilty to the following charge, that on 16 October 1994, at Kingswood, in the State of New South Wales, he did assault T and immediately at the time of such assault committed an act of indecency on T a child under the age of ten years, namely nine years. The maximum penalty for this offence is a term of imprisonment for ten years.

2 The plea was entered at the Penrith District Court on 9 June 2006, the day the matter was listed for trial. Originally there were three counts on the indictment. The above mentioned charge was count 1 and the Crown accepted his plea to that count in full satisfaction of the indictment. Consequently, in my view, it cannot be said that the plea was entered at the earliest opportunity.