R v William James Clarke [2014] NSWDC 182

District Court New South Wales

Medium Neutral Citation: R v William James Clarke [2014] NSWDC 182 Hearing dates: 21 October 2014 Decision date: 29 October 2014 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence imposed; For Orders see [63] Catchwords: Aggravated sexual intercourse without consent with a person less than 16 years of age Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v R (2013) 302 ALR 192 Cahadi v The Queen (2007) 168 A Crim R 41 Kennedy v R [2010] NSWCCA 260 Pearce v R 1998 194 CLR 610 R v Fernando (1992) 76 A CrimR 58 R v King [2009] NSWCCA 117 Veen v R No. 2 (1998) Vol 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) William Clarke (Offender) Representation: A Baker (Crown) A Evers (Offender) File Number(s): 14/94517 Publication restriction: Order pursuant to s 7 of Court Suppression and Non-publication Orders Act 2010 in respect of the name of the victim

REMARKS ON SENTENCE 1In this matter the offender appeared before me at Taree District Court on 21 October 2014 in respect of one offence pursuant to s 61J(1) of the Crimes Act 1900 of aggravated sexual intercourse without consent with a person less than 16 years of age. The offence was committed on 12 March 2014 and carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years imprisonment. 2A plea of guilty was entered by the offender on 22 July 2014. It is agreed that that was the earliest possible opportunity to enter a plea and that he is entitled to a 25% utilitarian discount on sentence for this offence. 3The offender was arrested on 28 March 2014 and has been in custody since that date.