R v Van Der Baan [2010] NSWDC 25

New South Wales District Court

CITATION: R v Van Der Baan [2010] NSWDC 25

HEARING DATE(S): 11/09/2009 30/10/2009

JUDGMENT DATE: 5 February 2010

JURISDICTION: Criminal

JUDGMENT OF: King SC DCJ

Convicted on each count. Sentenced to terms of imprisonment as follows: Robbery: Sentenced to a fixed term of imprisonment for 18 months to commence on 23/5/07 and to expire on 22/11/08. DECISION: Aggavated sex assault x 3 (BH): On each count, sentenced to a fixed term of imprisonment for 6 years and 9 months to commence on 23/11/07 and to expire on 22/8/14. Sentences to be served concurrently. Aggravated sex assault x3 (SP): On each count, sentenced to a period of imprisonment for 12 years, comprising a NPP of 9 years, to commence on 23/8/12 and to expire on 22/8/21, and a balance of term to commence on 23/8/21 and to expire on 22/8/24. Eligible for release to parole on 22/8/21. Sentences to served concurrently with each other and partially concurrently with the sentence imposed above.

CATCHWORDS: CRIMINAL LAW - Sentence - particular offences - offences against the person - sexual offences - rape and sexual assault - prior similar offences - circumstances of aggravation - robbery with an offensive weapon

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900

R v Hibberd [2009] NSWCCA 20 Ibbs v The Queen (1987) 163 CLR 447 R v Allpass (1994) 72 A Crim R 561 R v Youkhana [2004] NSWCCA 412 R v Qutami [2001] NSWCCA 353 CASES CITED: R v Woodgate [2009] NSWCCA 137 Veen v R (No 2) (1988) 164 CLR 465 R v MJR (2002) 54 NSWLR 368 R v Shore (1992) 66 A Crim R 37 R v Moon (2000) 117 A Crim R 497 Thomson & Houlton [2000] 49 NSWLR 383 SGJ v R [2008] NSWCCA 258