R v DM [2018] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v DM [2018] NSWDC 62 Hearing dates: 15 March 2018 Decision date: 23 March 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [105] Catchwords: Persistent child sexual abuse; produce child abuse material Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: ARS v R [2011] NSWCCA 266 Cahyadi v R [2007] NSWCCA 1 JM v R [2014] NSWCCA 297 Langbein v R [2008] NSWCCA 8 R v D [1997] SASC 350 R v Fitzgerald (2004) 59 NSW LR 493 R v Gavel [2014] NSWCCA 56 Category: Sentence Parties: Director of Public Prosecutions (Crown) DM (Offender) Representation: L Burgoyne (Crown Solicitor) B Neild (Offender) File Number(s): 17/126204 Publication restriction: Non-Publication/Suppression Order pursuant to s 7 for name of complainant and offender.

REMARKS ON SENTENCE

Introduction 1. The offender was committed for sentence on 17 October 2017 from Taree Local Court. He had entered pleas of guilty to the following two matters: 1. Sequence 9 – produce child abuse material pursuant to s 91H(2) of the Crimes Act 1900. The maximum penalty for that offence is 10 years imprisonment and there is no Standard Non-Parole Period proscribed. 2. Sequence 11 – Persistent sexual abuse of a child pursuant to s 66EA(1) of the Crimes Act 1900. The maximum penalty for that offence is 25 years imprisonment and there is no Standard Non‑Parole Period proscribed. 1. The offender was arrested on 27 April 2017 and has been in custody since that date.