R v Nathan John Tucker [2007] NSWDC 248

New South Wales District Court

CITATION: R v Nathan John Tucker [2007] NSWDC 248

HEARING DATE(S): 27 & 28 August 2007; 5 & 6 September 2007; 5 November 2007

JUDGMENT DATE: 6 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted.; Granted conditioal s11 bail pursuant to Crimes (SP) Act for a period of 6 months.

CATCHWORDS: Criminal Law - Sentence - Indecent Assault - 13year old female complainant - asleep - offender well effect by alcohol wearing only underwear - touching vaginal area - lacking insight - long established alcohol addiction - willing to enter full time rehabilitation and attend professional counselling - conditional s.11 bail

LEGISLATION CITED: s.11 Crimes (Sentencing Procedure) Act 1999

Gladue v Regina [1999] 1SCR 688 Queen v Cuthbert [1967] 2 NSWR 329 CASES CITED: R v Rushby [1977] NSWLR 597 R v Rushby [1977] NSWLR 597 R v Zappala unreported NSW CCA 5 November 1991

PARTIES: Regina Nathan John Tucker

FILE NUMBER(S): 06/61/0125

COUNSEL: Crown: C Everson Defence: S Beckett

SOLICITORS:

SENTENCE 1 HIS HONOUR: Alcohol can be blamed for many things particularly when it is masking a trait more despicable than drunkenness. Thus it is that many claim alcohol made them violent or alcohol made a sexual assault possible. Nathan John Tucker seeks to blame alcohol for his indecent assault upon a thirteen year old girl. Yet as he was indecently assaulting her he was saying to her "You're a nice girl". That was not alcohol driving those comments, that was sexual desire and a perverted expression of appreciation of the innocent object of his criminal conduct.