R v XY [2011] NSWDC 18

District Court New South Wales

Medium Neutral Citation: R v XY [2011] NSWDC 18 Hearing dates: 18/2/11; 4/3/11 Decision date: 10 March 2011 Jurisdiction: Criminal Before: Judge FINNANE QC DCJ Decision: The sentence then is: I sentence the offender to serve a non-parole period of 2 years imprisonment. The sentence commences from 4 th March 2011 and the non-parole period expires on 3 rd March 2013. I recommend that he be released to parole on that day. The balance of the term goes from 4 th March 2013 till 3 rd March 2014. He is to be released from all consequences of the sentence on that day. I also recommend that he be given access to programmes on sexual offending and alcohol abuse whilst he is in custody and when he is on parole. I recommend that he be classified to a minimum security classification as soon as possible and that he be considered for work release as soon as possible. I direct that these remarks on sentence together with the psychological reports of Dr Katie Seidler of 11 th November 2009 and 14 th February 2010 (part of exhibit 2) be sent to the Classifications Committee of the Department of Corrective Services. Catchwords: CRIMINAL LAW - sentence - relevant factors - nature and circumstances of offence - breach of trust - consequences of offence or impact on victim - relevant factors - nature and circumstances of offender - response to charges - contrition - plea of guilty - offender soldier in Australian Army - Legislation Cited: Pre-Trial Diversion of Offenders Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Case Conferencing Trial Act 2008 (NSW) Cases Cited: R v Dyers [2000] NSWCCA 335 R v Giddy [2003] NSWCCA 46 R v Silcock [2004] NSWCCA 442 R v Way 60 NSWLR 168 Category: Principal judgment Parties: Regina (Crown) XY (Offender) Representation: Director of Public Prosecutions J P Lo Schiavo (counsel for the offender XY) File Number(s): 2009/00047662 Publication restriction: Suppression order - complainant 14-year-old daughter of offender.