R v B J N [2007] NSWDC 49

New South Wales District Court

CITATION: R v B J N [2007] NSWDC 49

JUDGMENT DATE: 8 February 2007

EX TEMPORE JUDGMENT DATE : 30 September 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted indecent assault - Sentenced Non Parole Period 2years 3months from 8/2/07 to 7/5/09 - Special Circumstances found - Balance of Term 2years 8months 2weeks to expire 21/10/10. [paragraphs 93 - 96].

CATCHWORDS: Criminal Law - Sentencing - Aggravated Indecent Assault - victim 6 year old daughter - vulnerable victim - medical - behavioural - mental health issues - complainant in institutional care at time of offence - ejuculating upon complainant - breach of trust - poor insight into offending conduct - limited contrition - victim impact statement - purpose of - offender aged 57 - early history of sexual abuse -

LEGISLATION CITED: Crimes Act 1900

R v Galdue [1999] 1SCR 688 at [80] R v Cuthbert (1967) 86 N (NSW) Pt 1 272 CASES CITED: R v Rushby [1977] 1 NSWLR 594 R v Hayes [1984] 1 NSWLR 740 R v Zappallo NSWCCA 5 November 1991 pp 2-3

PARTIES: Regina B J N

FILE NUMBER(S): 04/21/1114

COUNSEL: K. Alder - Crown Prosecutor T Evers - Accused

SOLICITORS:

JUDGMENT 1 HIS HONOUR: A child under the age of seven years is rightly regarded as being completely dependent upon her parents for almost everything. Such a young child looks to the parents for the necessities of life, including a healthy love, protection from harm and sound moral values.

2 R-- whose name is not to be published, was entitled to be regarded by her father as more dependent and needy than most. She was handicapped by ADHD, Rhett Syndrome, Autism, Schizophrenia and a mild developmental disability. She had been placed under the control of the Department of Community Services because of her challenging behaviours. In April 2003 she was in respite care at Rainbow House, a designated controlled premises run by the Department of Community Services.