R v Viridian [2014] NSWDC 265

District Court New South Wales

Medium Neutral Citation: R v Viridian [2014] NSWDC 265 Hearing dates: 13 October 2014 Decision date: 14 October 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: (1) For the offence of sexual intercourse with a person under 10, a sentence of 22 months imprisonment, wholly suspended on condition that the offender enter into a good behaviour bond.

(2) Order directing that the whole of the sentence of imprisonment be served as a juvenile offender.

(3) It is noted that under s 14 of the Children (Criminal Proceedings) Act, power to proceed to or record a conviction not exercised. Catchwords: CRIMINAL LAW - Sentence - particular offence - sexual intercourse with a person under 10 - digital penetration - 6 year old victim - victim a family friend of offender - relevant factors - no prior criminality - 14 years old at time of offence - response to charge - remorse - recognition of impact of behaviour - apologised to victim and victim's mother - plea of guilty at earliest opportunity - 25% discount - inappropriate access to pornography - responding well to counselling and treatment - unlikely to re-offend - supportive family - extra-curial punishment - sentencing orders - juvenile sentenced according to law - sentencing procedure - no conviction recorded - victim impact statement Legislation Cited: Crimes Act 1900 (NSW), s 66A(1) Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 10, 14, 19(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 12(1) Category: Sentence Parties: Regina (Crown) Angus Viridian (offender) Representation: Counsel: Mr X (offender)