Regina v Arthur Fairwell [2006] NSWDC 18

New South Wales District Court

CITATION: Regina v Arthur Fairwell [2006] NSWDC 18

HEARING DATE(S): 11/8/06 and 31/8/06

JUDGMENT DATE: 8 September 2006

JUDGMENT OF: Murrell SC DCJ

DECISION: Sentence of 10 years imprisonment, with a non-parole period of 6 years.

CATCHWORDS: Administer Stupefying drug - Sexual Offences against 13 year old girl

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Arthur Fairwell

FILE NUMBER(S): 04/11/1068

COUNSEL: Mr M Barr (Crown) Mr G J L Scragg (Accused)

SENTENCE Non-Publication Order re Identity of Complainants The Charges 1 On 30 May 2006, the offender pleaded guilty to the following offences, each of which occurred on 19 May 2004.

1. Cause RD to take a stupefying drug (benzodiazepines) with intent to sexually assault her daughter, LD (s.38 Crimes Act 1900). 2. Cause LD to take a stupefying drug (benzodiazepines) with intent to sexually assault her (s.38). 3. Aggravated attempt to have sexual intercourse with LD (place penis into mouth) without her consent, knowing that she was not consenting – she being under 16 years old (s61J(2) (d)). 4. Aggravated attempt to have sexual intercourse with LD (rub penis on vagina) without her consent, knowing that she was not consenting – she being under 16 years old (s.61J(2)(d)). 5. Aggravated indecent assault on LD (licking breast) – she being under 16 years old (s.61M(3)(b). 6. Aggravated sexual intercourse with LD (licking vagina with some penetration) without her consent, knowing that she was not consenting – she being under 16 years old (s.61J(2)(d)).

2 For counts 1 and 2, the maximum available penalty is 25 years' imprisonment. No standard non-parole period applies. For counts 3,4 and 6, the maximum available penalty is 20 years' imprisonment. The standard non-parole period is 10 years' imprisonment. For count 5, the maximum available penalty is 10 years' imprisonment. The standard non-parole period is 5 years' imprisonment.