R v DJR (2) [2008] NSWDC 324

New South Wales District Court

CITATION: R v DJR (2) [2008] NSWDC 324

HEARING DATE(S): 5-14 August - Trial, 17 October, 28 November 2008

JUDGMENT DATE: 28 November 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Sentenced to imprisonment. On Count 1 to a non-parole period of four years commencing 14 December 2008 and expiring 13 December 2012. Total term six years expiring 13 December 2014. On Count 2 to a non-parole period of four years commencing 14 April 2009 and expiring 13 April 2013. Total term six years expiring 13 April 2015. On Count 3 to a non-parole period of four years commencing 14 August 2009 and expiring 13 August 2013. Total term six years expiring 13 August 2015.

CATCHWORDS: CRIMINAL LAW - Sentencing - Aggravated indecent assault on child - standard non-parole period - effect

PARTIES: Crown DJR (Offender)

FILE NUMBER(S): 2008/110730

COUNSEL: K Ratcliffe (Crown) W Flynn (Offender)

SOLICITORS: NSW DPP Marsdens

SENTENCE

1 HIS HONOUR: On 14 August this year a jury found DJR guilty of three counts of aggravated indecent assault, and he was therefore convicted of those offences. At the time the complainant was ten years old. She was the granddaughter of the offender's wife. The offences took place when the complainant was visiting her grandmother with her mother. The complainant's mother was able to say, from her toll records, that she visited her mother on six or seven occasions in the first half of 2007.

2 Two of these occasions were Sundays, and another was a public holiday, Anzac Day. On each of those occasions the complainant and her mother had dinner with the offender and his wife. The offender, who is now fifty-eight years old, was a collector of coins. His collection consisted of books of each Australian coin minted in a particular year. In order to assemble his collections he collected loose coins of various denominations and stored them in plastic containers, at the time of these offences, in a wardrobe in his bedroom.