R v LESSLIE [2007] NSWDC 387

New South Wales District Court

CITATION: R v LESSLIE [2007] NSWDC 387

HEARING DATE(S): 02/02/07

JUDGMENT DATE: 2 February 2007

JURISDICTION: CRIMINAL

JUDGMENT OF: Finnane QC DCJ

DECISION: I sentence the offender to enter into a bond pursuant to S 9 of the Crimes (Sentencing Procedure) Act 1999 to be of good behaviour for a period of five years.

CATCHWORDS: CRIMINAL LAW - sentence - sentencing orders - indecent assault child - sect 9 Crimes (Sentencing Procedure) Act 1999 -

LEGISLATION CITED: s 9 Crimes (Sentencing Procedure) Act 1999 NSW

PARTIES: Regina Stephen James LESSLIE

FILE NUMBER(S): 05/61/0174

SOLICITORS: Director of Public Prosecutions (Crown) Dear & Loneragan Solicitors

1. HIS HONOUR: Stephen James Lesslie originally came for trial before me on 11 December 2006 for a series of offences, five of them, and to that indictment he pleaded not guilty.

2. The circumstances of the case, as I have indicated already, were really quite deplorable. A young girl, who was the complainant in the matter, was interviewed by a police officer who lost her interview. Then a year went by and another police officer eventually interviewed her and then a number of years went by before anything was done to bring Mr Lesslie to court. All this, no doubt, put enormous strain on the young complainant and the fact that the original interview was lost had meant severe problems for the Crown in the conduct of the case.

3. The complainant gave some evidence. She was clearly very upset and, believably, more than a little confused as a result of the very poor treatment she got on the part of the New South Wales Police who were supposed to be investigating her case. I hasten to say that the conduct of the police cannot be brought to bear on Mr Lesslie. There is no suggestion that he had anything to do with the police ineptitude.