R v KF [2010] NSWDC 99

New South Wales District Court

CITATION: R v KF [2010] NSWDC 99

HEARING DATE(S): 23 April 2010

JUDGMENT DATE: 23 April 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment for the offence of aggravated sexual intercourse, I set a non-parole period of five years to date from 19 August 2009. It will expire on 18 August 2014 on which date the offender is eligible to be released to parole. I set a head sentence of eight years for that matter. For the offence of aggravated indecent assault I set a non-parole period of three years to commence on 19 August 2007 and a head sentence of four years on that matter.

CATCHWORDS: CRIMINAL LAW - Sentence - Aggravated sexual assault of daughter - Sentence partially accumulative on existing sentence for similar offences

PARTIES: The Crown KF

FILE NUMBER(S): DC 2009/243301

COUNSEL: Mr J Fitzgerald - Offender

SOLICITORS: The Director of Public Prosecutions Legal Aid Commission - Offender

SENTENCE

1 HIS HONOUR: I make a non-publication order in relation to anything which would identify or tend to identify the complainant in this matter. That includes publication of the offender's name.

2 KF appears for sentence today after having pleaded guilty at an early opportunity to two offences involving the sexual assault of his daughter, one an offence of aggravated sexual intercourse with a person under the age of sixteen for which the maximum penalty is twenty years imprisonment with a standard non-parole period of ten years, and the other an offence of aggravated indecent assault carrying a maximum penalty of seven years with a standard non-parole period of five years. This is another matter where the standard non-parole periods bear little relationship to the maximum penalties as has just been made clear.