DPP V Sheldon [2009] NSWLC 17

Local Court of New South Wales

CITATION: DPP V Sheldon [2009] NSWLC 17

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions Clinton John Sheldon

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 12/22/2009

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: CRIMINAL LAW- particular offences - offences against a person 14 years or over and under 16 years - sexual offences - sexual intercourse

LEGISLATION CITED: Crimes Act 1900 – Section 66C(3)

R –v- Bloomfield (1998) 44 NSWLR 734 R –v- Borokowski [2009] NSWCCA R –v- Doan (2000) 50 NSWLR 115 R –v- Engert (1996) 84 A Crim R 67.SWLR 383 R –v- Israel [2002] NSWCCA 255 R –v- Kennedy [2000] NSWCCA 527 CASES CITED: R –v- Sconamiglio (1991) 56 A Crim R 81 R –v- Taylor [2000] NSWCCA 442 R –v- Thomson & Houlten (2000) 49 N R –v- Way (2004) 60 NSWLR R –v- Wright (1997) 93 A Crim R 48 R –v- Zappala [1991] NSWCCA Tsakonas –v- R [2009] NSWCCA 258

TEXTS CITED:

REPRESENTATION:

ORDERS:

Remarks on Sentence

Introduction 1. On 9th March 2009 the offender was charged pursuant to Section 66C(3) of the Crimes Act 1900 with two counts of sexual intercourse with a person above the age of 14 years but under the age of 16 years. The maximum penalty for an offence under these provisions is 10 years imprisonment. Although it was open for the Director of Public Prosecutions to proceed in these matters by way of indictment filed in the District Court of New South Wales in the exercise of its prosecutorial discretion under the Criminal Procedure Act 1986 the Director has chosen to bring these matters to finality within the jurisdiction of the Local Court of New South Wales.