R v Yerin SIMPSON [2009] NSWDC 150

New South Wales District Court

CITATION: R v Yerin SIMPSON [2009] NSWDC 150

HEARING DATE(S): 29 May 2009

JUDGMENT DATE: 29 May 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment, I set a head sentence of eight years to commence on 4 November 2008 with a non-parole period of five years, that non-parole period will expire on 3 November 2013 on which day the offender is eligible to be released to parole.

CATCHWORDS: CRIMINAL LAW - Sentence - Break, enter and commit a serious offence - Sexual assault - Offender - delay detected by DNA analysis from later offence

PARTIES: The Crown Yerin Simpson

FILE NUMBER(S): DC 2008/11/1368

SOLICITORS: NSW DPP Aboriginal Legal Service

SENTENCE

1 HIS HONOUR: Yerin Simpson appears for sentence today after having pleaded guilty at a fairly late stage to a most serious offence. Members of the community greatly value the idea that they are entitled to feel safe in their own homes. When serious offences are committed such as the one for which Mr Simpson must be sentenced, it is important that they are dealt with appropriately. This was a very, very serious offence.

2 On 3 November 2002, the victim, who I will not name, was in bed at home alone. She heard her bedroom door open. She looked up and she saw the offender. She said "Who's that?". The offender simply ignored the question, closed the bedroom door and walked towards her. She had sat up in bed to look at what was going on. The offender pushed her head back down onto the pillow and laid down on top of her. She was trying to push him off repeating "Who are you? Who are you?". In response, the offender simply said "Shsh" and began to kiss her. He pushed his tongue into her mouth before licking her face. He threatened her too. He said "Do you want to get hurt?". In response the complainant said "No" and stopped trying to push the offender away. At this stage he rolled off her, pulled the doona off and told her to be quiet. He had to tell her this because not surprisingly the complainant was crying.