R v Lord [2013] NSWDC 16

District Court New South Wales

Medium Neutral Citation: R v Lord [2013] NSWDC 16 Hearing dates: 9 November 2012 Decision date: 18 January 2013 Before: King SC DCJ Decision: Sentenced to imprisonment - consisting of an overall head sentence of 10 years with an overall NPP of 6 years Catchwords: CRIMINAL LAW - Sentence - Forms 1 - aggravated sexual intercourse with child under 10 years and under authority - aggravated indecent assault of child under 16 - aggravated act of indecency - multiple counts - breach of trust - "Ellis" discount Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Hibberd [2009] NSWCCA 20 Dousha v R NSWCCA 263 R v Henry [2009] NSWCCA 69 R v Clinton [2009] NSWCCA 276 Pearce v R [1998] 194 CLR 610 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: The Crown Jonathan Luke Lord Representation: Mr C Smith (Offender) Director of Public Prosecution Legal Aid Commission (Offender) File Number(s): 2011/333839 Publication restriction: There is to be no publication of the names of the complainants or of any material which may tend to identify them.

SENTENCE 1Jonathan Lord appears for sentence in respect of thirteen offences concerning his sexual abuse of prepubescent male children. It is necessary to first provide some background in relation to the offences. 2He was arrested by police on 14 October 2011 and charged with a number of offences relating to what is to be referred to as the first group of victims. He was again arrested on 24 October 2011 and charged with offences relating to a second group of victims, and at that time was refused bail. He has been in custody since that date. 3Additional charges were laid on 31 October 2011 in respect of a third group of victims, and in January 2012, in relation to a fourth group of victims. 4On 23 August 2012, the offender pleaded guilty to the counts now before the Court and was committed for sentence from Central Local Court. 5In summary, the offending occurred between 1 January 2009 and 13 October 2011. The thirteen offences for which he is to be sentenced relate to twelve victims. There are two counts of aggravated sexual intercourse with a child under ten and under authority, contrary to s 66A(2) of the Crimes Act, and 11 counts of aggravated indecent assault of a child under sixteen, contrary to s 61M(2) of the Crimes Act. 6In addition to those thirteen offences, the Court is asked to take into account in respect of ten of the thirteen offences a further Form 1. Between the ten Forms 1, there is a total of sixteen further offences to be taken into account. They are ten offences of aggravated indecent assault of a child under sixteen, contrary to s 61M(2); five offences of aggravated act of indecency with or towards a person under ten, contrary to s 61O(2); and one of incite aggravated act of indecency with or towards a person under sixteen and under authority, contrary to s 61O(1). 7Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 12 and 13 are all offences of aggravated indecent assault on a person under sixteen, contrary to s 61M(2). A maximum term of imprisonment of ten years is provided, and there is a standard non-parole period of eight years in relation to such offences. 8Counts 10 and 11 are counts of sexual intercourse with a child under ten and under authority, contrary to s 66A(2). The maximum term of imprisonment in relation to such an offence is one of life imprisonment, and a standard non-parole period of fifteen years is provided. 9In respect of the offences contained on the ten Forms 1, in addition to those contrary to s 61M(2), in respect of which I have already referred to the maximum term for imprisonment and the standard non-parole period, the additional Form 1 offences involving an act of indecency towards a person under sixteen in circumstances of aggravation, namely, under authority, contrary to s 61O(1), have a maximum term of imprisonment of five years, and in respect of inciting an act of indecency, person being under ten years, contrary to s 61O(2), the maximum term for imprisonment is seven years. 10The Crown accepts that the offender pleaded guilty in relation to all offences at the earliest opportunity and that he is entitled to a 25% discount for the utility of the plea alone as referred to in R v Thomson; R v Houlton (2000) 49 NSWLR 383. Such a discount will be provided in respect of each of the matters. 11The facts have been agreed, and are as follows. The offender was employed by the YMCA Caringbah as a casual childcare assistant, commencing on 25 August 2009. His employment involved before and after-school care, and he worked at the YMCA's various centres, operating out of local schools. 12In February 2010, the offender was employed as a permanent part-time coordinator at the YMCA's St Patrick's Centre. He worked there for the entire year and also worked permanently at the YMCA's vacation care centres, operating out of Laguna Street and St Patrick's, Sutherland. During this time, the offender also worked at the YMCA's crèche on one or two days a week in the mornings. In 2011, the offender worked the first term at St Patrick's before transferring to Caringbah Public School Centre as coordinator. 13At the relevant time, the offender resided with his mother and stepfather.