R v JOW [2017] NSWDC 201

District Court New South Wales

Medium Neutral Citation: R v JOW [2017] NSWDC 201 Hearing dates: 15 June 2017 and 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Criminal Before: Bright DCJ Decision: Sentenced to a non-parole period of 3 years and a balance of term of 3 years. Catchwords: CRIMINAL LAW – Sentence – rape – historical sexual assault. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: R v MJR [2002] NSWCCA 129 Magnuson v R [2013] NSWCCA 50 Woodward v R [2017] NSWCCA Category: Sentence Parties: The Crown JOW - Offender Representation: Counsel: Mr J Fitzgerald - Offender

Solicitors: Mr C Watsford – Crown File Number(s): 2016/134306 Publication restriction: Statutory non-publication order.

Judgment 1. The offender JOW (born 19 July 1950, 66 years) appears for sentence in relation to one count of rape (s63, Crimes Act 1900). 2. The indictment is in the following terms: Between 27 April 1981 and 30 June 1981, at Holsworthy in the State of New South Wales, did rape GC. 1. The maximum prescribed penalty is life imprisonment. 2. The offender had pleaded guilty in the Newcastle Local Court. At the commencement of the Sentence proceedings on 15 June 2017, an indictment was presented in the District Court because of an error in relation to a date in the Court Attendance Notice. 3. Having regard to the plea being at the earliest opportunity I propose to allow a discount on sentence of 25%.