R v KSC (No 4) [2008] NSWDC 325

New South Wales District Court

CITATION: R v KSC (No 4) [2008] NSWDC 325

HEARING DATE(S): 28 November 2008 EX TEMPORE JUDGMENT DATE : 28 November 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Sentenced to imprisonment. On sexual intercourse without consent with a person under the age of sixteen years sentenced to a non-parole period of three years commencing 16 June 2008 and expiring 15 June 2011. Total term five years expiring 15 June 2013. On common assault sentenced to non-parole period of nine months commencing 16 January 2011 and expiring 15 October 2011. Total term of eighteen months expiring 15 July 2012.

CATCHWORDS: CRIMINAL LAW - Sentencing - Sexual assault on child - Person in authority - former police officer - effect of custody - mental illness - effect of lapse of time

R v Durocher-Yvon (2003) 58 NSWLR 581 CASES CITED: R v Mostyn (2004) 145 A Crim R 304 R v MJR [2002] NSWCCA 129

PARTIES: Crown KSC (Offender)

FILE NUMBER(S): 2007/11/0861

COUNSEL: E A Wilkins SC (Crown) P Boulten SC (Offender)

SOLICITORS: NSW DPP Hardin Lawyers

SENTENCE

1 HIS HONOUR: KSC appears before me today for sentence. On 1 August 2008 a jury found him guilty of one charge of sexual intercourse without consent with a person under the age of sixteen years. She was, in fact, about ten or eleven at the time. He also appears, having pleaded guilty on arraignment at an earlier trial, to a charge of common assault on a person called CB, and he is convicted of that offence.

2 The circumstances of the sexual assault offence are as follows. The offence took place between the beginning of 1983 and 6 April 1985. At the time the offender was a serving police officer and was the officer in charge of a one man police station. The complainant's mother was a cousin of the offender's wife. The offender's wife seemed to have fairly close family relationships with members of her family.