R v Deer [2014] NSWDC 24

District Court New South Wales

Medium Neutral Citation: R v Deer [2014] NSWDC 24 Decision date: 24 January 2014 Before: Cogswell SC DCJ Decision: Partially accumulated aggregate sentence of 8 years and 3 months. Non-parole period of 5 years and 4 months. Catchwords: CRIMINAL LAW - Particular offences - offences against the person - sexual intercourse with a child aged between 10 and 16 - man engaged in full sexual relations with teenage niece several times over a year. Sentence - relevant factors - gravity of offence - objectively very serious - not absolutely worst category - offence committed in victim's home - aggravating under s 21A - substantial emotional harm caused to victim - aggravating under s 21A - vulnerability due to young age - not specifically aggravating under s 21A - age an element of the offence - response to charges - guilty plea - lack of remorse - offender's disregard for victim's well being - nature and circumstance of offender - prior criminality - dysfunctional childhood - limited education and employment - drug, alcohol and mental health issues - low risk of re-offending - special circumstances - need for counselling and assistance in the community. Sentence procedure - relevant material - victim impact statement read in court - courageous and articulate. Legislation Cited: Crimes Act 1900 (NSW), s 66C(2). Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(g), 53A. Cases Cited: King v R [2010] NSWCCA 33. R v Youkhana [2004] NSWCCA 412. Category: Sentence Parties: Regina (Crown) Graeme Deer (Offender) Representation: Counsel: P Winch (Offender) Solicitor: Office of the Director of Public Prosecutions (NSW) (Crown) File Number(s): DC 2013/00006594 Publication restriction: * Pseudonyms have been used in this judgment.