R v M [2010] NSWDC 153

New South Wales District Court

CITATION: R v M [2010] NSWDC 153

HEARING DATE(S): 25 June 2010

JUDGMENT DATE: 25 June 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The total sentence consists of a non parole period of three years and a period of eligibility for parole of one and a half years, making a total effective sentence of four and a half years.

CATCHWORDS: CRIMINAL LAW - Sentence - Sexual intercourse in circumstances of aggravation - Under authority of offender - Breach of trust

LEGISLATION CITED: Crimes Act 1900

PARTIES: The Crown M

FILE NUMBER(S): DC 2009/00002675

COUNSEL: Mr P Johnson - Offender

SOLICITORS: Director of Public Prosecutions T & A Legal - Offender

SENTENCE

1 HIS HONOUR: M pleaded guilty before me to two offences. They both alleged that he had sexual intercourse with his natural daughter, then either fourteen or fifteen, in circumstances of aggravation namely, that at the time she was under his authority.

2 M had seven children with his de facto wife. She left the relationship leaving him to care for them. He was living with them in Housing Department premises in Bathurst when in October or early November 2007, whilst the complainant was home from school sick with a cold, the offender called her into his bedroom to sleep with him. She got into bed with the offender and he began cuddling her and touching her breasts. He then put his finger inside her underpants and touched the outside of her vagina and then penetrated her vagina with his finger. He told his daughter, "you will enjoy it" but she shook her head and so the offender stopped. It seems that the complainant told an adult about this incident but nothing was done.