R v APR [2007] NSWDC 249

New South Wales District Court

CITATION: R v APR [2007] NSWDC 249

HEARING DATE(S): 30 October 2007

JUDGMENT DATE: 30 October 2007

EX TEMPORE JUDGMENT DATE : 30 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [34], [35], [36], [37], [38], [39] & [40]

CATCHWORDS: Criminal Law - Senrtence - Aggravated Sexual Assault - Aggravated Indecent Assault - Confessing to serious criminal behviour. - Mentally unwell - Alcohol and substance abuse - Substantial delay

PARTIES: The Crown APR

FILE NUMBER(S): 07/31/0148

SOLICITORS: NSW DPP Parke Maher Solicitors

SENTENCE

1 HIS HONOUR: In 1997 and early 1998 the offender was living with his then wife and their two children. The offender's wife was working shift work as a nurse in the local nursing home and so the offender had the care of his children at those times.

2 Following their divorce in mid-1998, the offender also had the care and custody of his children on access visits. The offender took advantage of that opportunity to repeatedly have sex with his natural daughter on many occasions.

3 During the 1997 school holidays the offender's daughter, who was then ten years of age and about to start year 5 at the local public school was being looked after (but that expression anything but accurate), by the offender whilst her mother was at work.

4 The offender called her into her mother's bedroom and closed the door behind him. He lay on the bed on his back and told her to lie down next to him. She was wearing a T-shirt and a pair of shorts and the offender began to rub her chest and then worked his hands down towards her vagina and rubbed her on the outside of the clothing for about five to ten minutes.