R v Wood [2015] NSWDC 354

District Court New South Wales

Medium Neutral Citation: R v Wood [2015] NSWDC 354 Decision date: 10 September 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offence of aggravated sexual assault, a sentence of 5 years imprisonment to commence on 10 September 2015 and to expire on 9 September 2020. A non-parole period of 3 years is fixed to commence on 10 September 2015 and to expire on 9 September 2018. Catchwords: CRIMINAL LAW – sentence after trial – particular offence – aggravated sexual assault – victim under authority of offender – victim living in offender's household – victim offender's sister-in-law – digital penetration – prior criminality – negligible record – nature and circumstances of offender – positive upbringing – well regarded by family and members of the community – numerous personal references – limited weight to be put on references where offending behaviour is not acknowledged – no evidence of remorse – offence not simply opportunistic – low-medium risk of reoffending – gravity of offence – lower end of range of objective seriousness – special circumstances for adjusting ratio between head sentence and non-parole period – 60% - will serve time in protective custody Legislation Cited: Crimes Act 1900 (NSW), s 61J Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Category: Sentence Parties: Regina (Crown) Vincent Wood (Offender) Representation: Counsel: K Gilson (Crown) K Buckman (Offender)

Solicitors: Office of the Director of Public Prosecutions (NSW) Phillip Ryan Solicitors (Offender) File Number(s): 2013/93888 Publication restriction: Pursuant to s 578A 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 and replaced with pseudonyms (which are colours).