Regina v REES [2008] NSWDC 212

New South Wales District Court

CITATION: Regina v REES [2008] NSWDC 212

HEARING DATE(S): 20/06/2008

JUDGMENT DATE: 20 June 2008

JURISDICTION: Criminal

JUDGMENT OF: Finnane QC DCJ

DECISION: Non-parole period of four years. Commencing 20 June 2008 expiring 19th June 2008. Balance of sentence commencing 20 June 2012 expiring 19 June 2015. Consideration be given to releasing him on parole on the 19 June 2012, recommend that he be classified as soon as possible, and that consideration to given to placing him as soon as possible in a minimum security institution.

CATCHWORDS: CRIMINAL LAW - sentence - sexual intercourse without consent - indecent assault - offender grandfather of victim - no remorse or contrition of offender

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW)

PARTIES: Crown: Regina Offender: Alan Rees

FILE NUMBER(S): 07/11/0617

COUNSEL: Crown: Ms E Wilkins S.C., of Counsel Offender: Mr G Heathcoat, of Counsel

SENTENCE INTRODUCTION:

1. On the 18th of December 2007 a jury convicted, Alan Rees (the offender). On one count of sexual intercourse without consent. The jury found him not guilty of an offence of indecent assault.

2. The victim, a young woman, to be named here only as Miss S. at the time of the offence was living in the house of the offender. The offence occurred on the 30th of September 2006. The offender denied he was guilty of this offence and continues to deny his guilt. It follows that he has no remorse or contrition. I am obliged to accept the jury verdict, and I must treat him as a person who has been convicted of a very serious offence.

3. The maximum penalty for this offence is 14 years imprisonment. The standard non-parole period applying to any offence assessed as being a middle range offence is seven years.