R v AS [2017] NSWDC 153

District Court New South Wales

Medium Neutral Citation: R v AS [2017] NSWDC 153 Hearing dates: 8 June 2017 and 15 June 2017 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Criminal Before: Bright DCJ Decision: Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 6 years and 6 months and a head sentence of 10 years. Catchwords: CRIMINAL LAW – Sentence – sexual intercourse with child under 16 years in circumstances of aggravation – aggravated indecent assault. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Nelson (2016) NSWCCA 130 R v Hibberd [2009] NSWCCA 20 Cowling v R (2015) NSWCCA 213 R v Dent (unreported NSWCCA 14/3/91) Henderson v R [2016] NSWCCA 8 R v Palmer [2005] NSWCCA 349 Category: Sentence Parties: The Crown AS Representation: Counsel: Mr J Peach – Crown Mr D Marr - Accused

Solicitors: Director of Public Prosecutions Legal Aid Commission File Number(s): 2014/30738 Publication restriction: There is to be no publication of the names of the complainants or any material which may tend to identify the complainants, this includes reference to the name of the offender.

Judgment 1. AS (DOB: March 1969, "the offender") appeared for trial at the Newcastle District Court on 27 March 2017 in relation to 9 counts concerning 2 complainants NH and SH. 2. On 7 April 2017 he was found guilty of counts 1,2,4,5 and 6 and not guilty of counts 3, 7, 8 and 9. The counts in respect of which he was found guilty are as follows: