R v Garry SAGE [2013] NSWDC 216

District Court New South Wales

Medium Neutral Citation: R v Garry SAGE [2013] NSWDC 216 Decision date: 03 May 2013 Before: Cogswell SC DCJ Decision: For 6 offences - sexual intercourse with person aged 14 to 16 (x 4), produce, disseminate or possess child abuse material (x 2) - an aggregate sentence of 3 years imprisonment, non-parole period 9 months. Order directing offender's release on parole on 29 January 2014. For 2 offences of contravene apprehended violence order under s 166 of the Criminal Procedure Act 1986, s 10A dismissal. Catchwords: CRIMINAL LAW - Particular offence - sexual intercourse with person aged 14 to 16 - series of acts of consensual sexual intercourse over months - sexual intercourse filmed on offender's mobile phone - produce, possess child abuse material - degrading photographs of victim - contravene apprehended domestic violence order - offender wrote to and made contact with victim. Sentence - relevant factors - gravity of sexual intercourse offences - offences low end of middle of range of objective seriousness - victim at lower end of 14 to 16 years age range - breach of trust - offender 5 years older than victim - degree of exploitation - no prior criminality given less weight as good character allowed offender into position of trust he abused - response to charges - remorse and contrition expressed in evidence - insight into behaviour and its impact - co-operation with police - guilty plea - 25 per cent discount - nature and circumstances of offender - complex psychological background and make-up. Sentence orders - exceptionally short non-parole period - special circumstances - impact of sending young person to gaol - first time in custody - need for lengthy period of psychological treatment and supervision upon release. Sentencing procedure - relevant material - victim impact statement - articulate - not specially aggravating. Legislation Cited: Crimes Act 1900, s 66C(3), s 91H(2). Crimes (High Risk Offenders) Act 2006. Crimes (Sentencing Procedure) Act 1999, s 10A, s 50. Criminal Procedure Act 1986, s 166. Cases Cited: R v Lee [2010] NSWCCA 88. Category: Sentence Parties: Regina (Crown) Garry Sage (Offender) Representation: Solicitors: C Summerfield, Office of Director of Public Prosecutions (Crown) Benetatos White (Offender) File Number(s): DC 2012/117558 Publication restriction: Pseudonyms have been used for the names of the offender and the child victim. Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute. Pursuant to s578A Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute.