NSW Caselaw
New South Wales District Court
CITATION: R v JM and SM [2010] NSWDC 318
HEARING DATE(S): 20 August, 2010 and 7 October, 2010
JUDGMENT DATE: 15 October 2010
JURISDICTION: Criminal
JUDGMENT OF: Garling DCJ
DECISION: JM A total sentence of imprisonment of 12 years with a non-parole period of 9 years. SM A total sentence of imprisonment of 5 years and 9 months with a non-parole period of 3 years and 9 months.
CATCHWORDS: CRIMINAL LAW - sentence - plea of guilty - sexual assault of child under 10 - child of husband and wife co-offenders - internet chat rooms - use carriage service - Form 1
LEGISLATION CITED: Crimes Act 1900 ss66A(2), 91G(1)(a), 91H(2), 61O(2) Criminal Code Act 1995 s 474.17
CASES CITED: Karel Eedens v. R 2009 NSWCCA 254 R v. Muldrock 2010 NSWCCA 106
Regina PARTIES: JM SM
FILE NUMBER(S): 09/253060; 09/253072
Everson (Crown) COUNSEL: Betts (JM) Morris (SM)
JUDGMENT
HIS HONOUR: JM has pleaded guilty to the following charges:
1 Between 1st January and 10th November, 2009 at Peakhurst he did have sexual intercourse with LM a child then under the age of 10 years and under his authority. This carries a maximum penalty of life imprisonment and a standard non-parole period of 15 years.
2 Between 1st January and 10th November, 2009 at Peakhurst he did have sexual intercourse with LM a child then under the age of 10 years and under his authority. This carries a maximum penalty of life imprisonment and a standard non-parole period of 15 years.
3 On 16th November, 2009 at Peakhurst he did have child pornography in his possession. That carries a maximum of 10 years imprisonment.
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