R v Wood [2011] NSWDC 244

District Court New South Wales

Medium Neutral Citation: R v Wood [2011] NSWDC 244 Decision date: 23 November 2011 Before: Murrell SC DCJ Decision: Effective sentence: 7 years 6 months with a non-parole period of 3 years and 9 months. Catchwords: CRIME- Sentence - sexual assault- historical offences Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: The Crown James Douglas Wood Representation: Mr F Fox (Crown) Mr P Pearsall (Offender) Office of the Director of Public Prosecutions NSW Mark Douglass Solicitors File Number(s): 2011/162977 Publication restriction: There is to be no publication of the names of the victims or any material that tends to identify them.

Judgment 1When committed for sentence, the offender adhered to pleas of guilty in respect of four principal counts: (1)In 2001, aggravated indecent assault on R (aged 12 years), contrary to s 61(M)(2) of the Crimes Act 1900; (2)Between 1 December 2010 and 31 January 2011, aggravated indecent assault on W (aged 11 years), contrary to s 61(M)(2) of the Crimes Act; (3)Between 1 and 28 February 2011, aggravated sexual assault on N (aged 12 years), contrary to s 61(J)(1) of the Crimes Act. (4)Between 1 and 28 February 2011, aggravated sexual assault on N, contrary to s 61(J)(1) of the Crimes Act. In relation to each of the victims, the Court is asked to take into account matters on a Form 1. The Court will do so. 2I would like to say a few words to the victims, their families and friends. The Court acknowledges the extreme harm that was perpetrated against the victims and the ongoing very serious injury suffered by them. Nothing that I say detracts from the harm that has been suffered by the victims. This sentencing exercise is not all about the offender. By the same token, the Court does not engage in retribution. It is not an eye for an eye. The Court is here to impose a sentence on behalf of the community. It is the community that has prosecuted the offender. I am dealing with proceedings between the community and the offender, while also acknowledging the importance of the victims. Sentencing purposes do not include retribution. They include other important sentencing objectives, such as appropriate punishment, personal deterrence of the offender, general deterrence of other people who might be contemplating crimes of this nature, and protection of the community. They include promotion of the rehabilitation of the offender, as well as the purposes of accountability, denunciation and recognition of the harm that the offender has done to you and to the community.