R v DX (No 3) [2011] NSWDC 186

District Court New South Wales

Medium Neutral Citation: R v DX (No 3) [2011] NSWDC 186 Decision date: 11 October 2011 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Overall term of imprisonment of 2 years 11 months. Overall non-parole period of 1 year 2 months. For details see [61-79] Catchwords: CRIME - sentence - historic sexual offences - 1 count of assault with act of indecency on child under 16 years, offence no longer in legislation -2 counts of commit act of indecency, offence no longer in legislation- 12 counts of commit act of indecency - sentencing practice at date of commission of offences -committed by uncle on nieces when girls were 6 to 8 years old -breach of trust - offender now 72 years old and in poor health - plea of guilty but disputed facts hearing - victim impact statements from both victims - favourable character references - offender confessed to police - offence of sexual assault in mid to high ranger of seriousness - conduct over period of time on a number of occasions against 2 victims - unlikely to re-offend - has already rehabilitated himself and prospects for further rehabilitation are good - remorse - whether or not sentence could be suspended Legislation Cited: Crimes Act 1900 s 76, s 76A Cases Cited: R v Ellis (1986) 6 NSWLR 603 R v Moon (2000) 117 A Crim R 497 Category: Sentence Parties: Regina DX Representation: Mr ML Barr for the Director of Public Prosecutions Ms S Goodwin for the offender File Number(s): 2010/66496 Publication restriction: It is an offence to publish the name, or any information that identifies a complainant in sexual offence cases.