Regina v Richard Ivan Noel Kite [2008] NSWDC 7

New South Wales District Court

CITATION: Regina v Richard Ivan Noel Kite [2008] NSWDC 7

HEARING DATE(S): 6 December 2007; 1 February 2008

JUDGMENT DATE: 1 February 2008

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

On the first count, that the offender did have sexual intercourse with person under the age of ten years: The offender is sentenced to a non-parole period of 5 years imprisonment to date from 6 December 2007 and to expire on 5 December 2012. The balance of the term is 3 years and 4 months to expire on 5 April 2016. On the second count, that the offender did have sexual intercourse with person under the age of ten years: DECISION: The offender is sentenced to a non-parole period of 5 years imprisonment to date from 6 June 2008 and to expire on 5 June 2013. The balance of the term is 3 years and 4 months to expire on 5 October 2016. There is a partial accumulation of 6 months imprisonment. The total effect of the sentence would be a non-parole period of five years and six months imprisonment, the balance of the term being three years four months imprisonment. Recommendation that the terms of his parole should include that of the offender comply with all directions and treatment as may be recommended by the Probation and Parole Service including psychiatric treatment, as well as the usual terms and conditions of parole; further that the report of Mr Taylor accompany these remarks.

CATCHWORDS: sexual intercourse with person under the age of ten years - impact on victim - intoxication - diagnosis of paedophilia - extra-curial punishment - degree of planning - low to mid-range of criminality - standard non-parole period - special circumstances - hardship in custody - likelihood of deportation