R v O’DONNELL, David [2015] NSWDC 425

District Court New South Wales

Medium Neutral Citation: R v O'DONNELL, David [2015] NSWDC 425 Hearing dates: 21 October 2015 Date of orders: 21 October 2015 Decision date: 21 October 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Full time custodial sentence. Full details at [62] Catchwords: Criminal – sentence – aggravated indecent assault on person under the age of 16 years – 39 years old – discount for the early plea of guilty – prior criminal record – treatment of medical condition in custody – assessment of the standard non-parole period – whether the offender' s health was causally connected to the offence – good prospects of rehabilitation given present arrangements in place – limited expressions of remorse – disability of victim not an aggravating factor – finding of special circumstances Legislation Cited: Crimes Act 1900 (NSW) Law Enforcement (Powers and Responsibilities) Act 1996 Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bailey v Director of Public Prosecutions (1988) 62 ALJR 319 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Markarian v The Queen [2005] HCA 25 Muldrock v R [2011] HCA 25 Pearce v R (1998) 194 CLR 610 R v Higgins [2002] NSWCCA 407 R v Smith (1987) 44 SASR 587 R v Badanjak [2004] NSWCCA 395 R v Miranda (2002) 128 A Crim R 362 R v Vachalec [1981] 1 NSWLR 351 Veen (No.2) v The Queen (1988) 164 CLR 465 Category: Sentence Parties: Regina David O'Donnell Representation: Counsel: Mr. Clayton – Director of Public Prosecutions Ms. Haywood – Offender File Number(s): 2014/143308