R v Slattery [2017] NSWDC 373

District Court New South Wales

Medium Neutral Citation: R v Slattery [2017] NSWDC 373 Hearing dates: 22 September 2017, 27 October 2017, 30 October 2017 and 15 December 2017; Written submissions (Crown): 22 September 2017, and 17 December 2017; Written submissions (Defence): 18 December 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: The offender is sentenced to an aggregate term of imprisonment pursuant to s 53A of the 1999 Act of 3 years and 10 months, comprising a non-parole period of 2 years and 4 months to date from 18 December 2017 to 17 April 2020 and an additional term of 1 year and 6 months to date from 18 April 2020 to 17 October 2020, during which the offender is eligible to be released on parole. Catchwords: CRIMINAL LAW – SENTENCE – offender pleaded guilty to four counts of indecent assault against persons under the age of 16 years – whether the fact that one offence could have been dealt with in the Local Court has a significant bearing on the exercise of sentencing discretion – no prior recorded convictions – remorse established – low likelihood of reoffending – excellent prospects of rehabilitation – special circumstances established – impact of delay in sentencing on the question of general deterrence Legislation Cited: Crimes Act 1900 (NSW) ss 61E, 61M, 578A Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A, 22, 33, 44, 53A Cases Cited: AK v R [2016] NSWCCA 238 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Bains v R [2016] NSWCCA 132 Denham v R [2016] NSWCCA 309 Featherstone v R [2008] NSWCCA 71 MC v R [2017] NSWCCA 316 MLP v R [2006] NSWCCA 271; (2006) 164 A Crim R 93 MPB v R [2013] NSWCCA 213 Peiris v R [2014] NSWCCA 58 PWB V R [2011] NSWCCA 84 PWB v R [2011] NSWCCA 84 R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575 R v Baxter (Court of Criminal Appeal, 26 May 1994, unreported) R v Borkowski [2009] NSWCCA 182 R v Brian Joseph Spillane [2016] NSWDC 337 R v DCM (Court of Criminal Appeal, 26 October 1993, unreported) R v Hall [2017] NSWCCA 313 R v Moon [2000] NSWCCA 534 R v PGM [2008] NSWCCA 172; (2008) 187 A Crim R 152 R v Staupe [2015] NSWCCA 175 R v Thomson and Houlton [2000] NSWLR 383 R v Todd [1982] NSWLR 517 Zreik v R (2012) 223 A Crim R 460 Category: Sentence Parties: Philip David Slattery Regina Representation: Counsel: Ms Moody (Crown) Mr Makin (Defence) File Number(s): 2016/375884, 2016/376028 Publication restriction: Pursuant to section 578A Crimes Act 1900 (NSW) any matter which identifies the complainants or any matter which is likely to identify the complainants are not to be published. They are referred to in these remarks on sentence by the pseudonyms TN and SN.