DPP v Weir [2007] NSWLC 36

Local Court of New South Wales

CITATION: DPP v Weir [2007] NSWLC 36 JURISDICTION: Criminal PARTIES: Director of Public Prosecutions Garry Robert WEIR FILE NUMBER: PLACE OF HEARING: Downing Centre DATE OF DECISION: 11/23/2007 MAGISTRATE: Chief Magistrate G L Henson CATCHWORDS: Indecent Assault - Gross Indeceny - Solicit to an act of gross indecency LEGISLATION CITED: Crimes Act 1900 Hoare v The Queen (1989) 167 CLR 348 R v AB (2005) 156 A Crim R 577 R v BJW (2000) 112 A Crim R 1 R v Doan (2000) 50 NSWLR 115 R v Evans (unrep 24/3/88 NSWCCA) R v Fisher (1989) 40 A Crim R 442 R v Harmouche [2005] NSWCCA 398 R v JDB (2005) 153 A Crime R 164 CASES CITED: R v MJR (2002) 54 NSWLR 368 R v Johnson [2004] NSWCCA 76 R v Lett (unrep 27/3/95) per hunt CJ at CL R v Sconamiglio (1991) 56 R 81 R v Pearson [2005] NSWCCA 116 R v Taylor [2000] NSWCCA 442 R v Thomas & Houton (2000) 49NSWLR R v Zamagias [2002] NSWCCA 17 Veen v The Queen (No 2) (1988) 174 CLR 465 REPRESENTATION: ORDERS:

Sentencing Remarks

The Charges

1. The Offender is charged with 2 counts of Gross Indecency with a male under the age of 18 years and 1 count of soliciting a male under the age of 18 years to be a party to an act of gross indecency. He is also charged with 3 counts of aggravated indecent assault on a victim under the age of 10 years. The offences involve two separate victims and encompass three offences committed during 1989 and three further offences committed during 2001,2004 and 2005. On 1st May 2007 the offender was arrested and charged with the offences. After participating in the Criminal Case Processing scheme he entered pleas of guilty to all charges.