R v Lindsay Ronald Jensen [2007] NSWDC 15

New South Wales District Court

CITATION: R v Lindsay Ronald Jensen [2007] NSWDC 15

HEARING DATE(S): 11/12/06 - 15/12/06

JUDGMENT DATE: 16 January 2007

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

DECISION: Sentence of imprisonment imposed

CATCHWORDS: Sentence - Indecent Assault - Sexual Intercourse with child under 10

PARTIES: Crown Lindsay Ronald Jensen

FILE NUMBER(S): 06/11/0074

COUNSEL: Ms K Shead (Crown) Mr P Byrne SC (Accused)

SOLICITORS: Ms J Purches (Crown) Mr G Walsh (Accused)

JUDGMENT

The Charges 1 On 18 December 2006, a jury found the offender guilty of four counts of indecent assault on a child under ten years old, and one count of sexual intercourse with a child under ten. Each of the incidents occurred between 28 February 2002 and 1 January 2003, when the victim was nine years old.

2 In an earlier trial before Judge Knight, a jury found the offender guilty of 3 offences against the victim's older sister. Those offences occurred between 31 January 2002 and 16 May 2002, when the victim's sister was more than ten years old. The offender has not yet been sentenced for those offences.

3 The maximum available penalty for an offence of indecent assault on a child under 10 is 10 years' imprisonment. The maximum available penalty for an offence of sexual intercourse with a child under 10 is 20 years' imprisonment. Because of the age of the subject offences, no standard non parole period applies.

The Offences 4 The offender and the victim lived in country New South Wales. The victim's parents were separated. The offender and his family, and the victim's mother and her children were members of the Exclusive Brethren, a religious sect. The families had a close social relationship.