R v Jessica McGAW [2007] NSWDC 100

New South Wales District Court

CITATION: R v Jessica McGAW [2007] NSWDC 100

HEARING DATE(S): 20 April 2007

JUDGMENT DATE: 20 April 2007

EX TEMPORE JUDGMENT DATE : 20 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment to be served by way of periodic detention.; See paragraph [24]

CATCHWORDS: Criminal Law - Sentence - Aggravated indecency

LEGISLATION CITED: Crimes (Sentencing Procedure) Act

PARTIES: Crown Jessica McGaw

FILE NUMBER(S): 06/21/1090

COUNSEL: B. Hughes (Crown) M. Paish (Offender)

SOLICITORS: NSW DPP Chris Outzen Solicitors

SENTENCE

1 HIS HONOUR: Jessica McGaw appears for sentence today after having pleaded guilty, on an earlier occasion, to an offence of, whilst in company with a number of other people, inciting a man, who I will refer to by the initials DS, to commit an act of indecency with her, at the time DS being sixteen years of age.

2 The maximum penalty for that offence is, perhaps surprisingly, only three years. Although I am surprised at the maximum penalty which applies for that sort of offence I will of course not allow those feelings to influence the sentence I will shortly announce on Ms McGaw. The maximum penalty is of course reserved for those cases which fall into the worst case, and this is not such a case. It is however, as my sentence will demonstrate, a very serious example of criminal conduct.

3 On 2 August 2005 a large group of young people met up at the Mt Druitt shops. At this time DS walked past and began talking to them. He lived nearby, having recently moved to the location from Western Australia. Things were amicable and DS was invited to go to a nearby unit to have a drink with members of the group. They all went to an address in Mt Druitt. Later on that evening the offender, DS, and another man walked to Westfields to get some more alcohol. They then came back to the premises and continued drinking.