R v MD [2018] NSWDC 156

District Court New South Wales

Medium Neutral Citation: R v MD [2018] NSWDC 156 Hearing dates: 22 March 2018 Decision date: 15 June 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [91] Catchwords: Child sexual assault; two victims and multiple charges; young offender; aggregate sentence Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Cases Cited: Berryman v R [2017] NSWCCA 297 GW v R [2018] NSWCCA 79 JM v R [2014] NSWCCA 297 O'Brien v R [2013] NSWCCA 197 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Nelson [2016] NSWCCA 130 R v Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: Director of Public Prosecutions (Crown) MD (Offender) Representation: B Queenan (Crown) S Orman-Hales (Offender) File Number(s): 16/27880116/352403 Publication restriction: Non-Publication Order for name of Complainants and Offender

REMARKS ON SENTENCE

Introduction 1. The offender pleaded guilty to eight counts on an Indictment as follows: 1. Count 2 – sexual intercourse with child 14-16 years pursuant to s 66(3) of the Crimes Act 1900. The maximum penalty for this offence is 10 years imprisonment, and there is no Standard Non-Parole Period. It also applies to the following three counts. 1. Count 4 – sexual intercourse with child 14-16 years pursuant to s 66(3) of the Crimes Act 1900. 2. Count 5 – sexual intercourse with child 14-16 years pursuant to s 66 (3) of the Crimes Act 1900. 3. Count 6 – sexual intercourse with child 14-16 years pursuant to s 66(3) of the Crimes Act 1900. 4. Count 8 – indecent assault of child under 16 years pursuant to s 61M(2) of the Crimes Act 1900. The maximum penalty for this offence is 10 years imprisonment, and there is a Standard Non-Parole Period of 8 years imprisonment. 1. Count 11 – sexual intercourse with child under 14 years pursuant to s 66(1) of the Crimes Act 1900. The maximum penalty for this offence is 16 years imprisonment, and there is a Standard Non-Parole Period of 7 years imprisonment. It also applies to the following two counts. 1. Count 13 – sexual intercourse with child under 14 years pursuant to s 66(1) of the Crimes Act 1900. 2. Count 15 – sexual intercourse with child under 14 years pursuant to s 66(1) of the Crimes Act 1900. 1. In addition, the offender asked for the following matters to be taken into account on sentence: Form 1 to Count 8: Count 7 – indecent assault on child under 16 years pursuant to s 61M(2) of the Crimes Act 1900. Form 1 to Count 11: Count 9 – indecent assault on child under 16 years pursuant to s 61M(2) of the Crimes Act 1900. 1. The offender has acknowledged his guilt in respect of both matters on the Forms 1, namely, Count 7 and Count 9. 2. The offender was committed for trial on 4 April 2017 from Taree Local Court. On 3 May 2017 the matter was listed for trial on 13 November 2017 and that trial date was confirmed at a readiness hearing on 5 October 2017. The pleas of guilty were entered on 13 November 2017. 3. Counts 1, 3, 10, 12 and 14 on the Indictment have not been proceeded with by the Crown and are dismissed. 4. There were two victims of the offences. Counts 2, 4, 5, and 6 on the Indictment concern the first victim, HM. Those offences occurred between July and August 2016 and the offender was arrested in respect of them on 16 September 2016. He was then released to bail. 5. Counts 8, 11, 13 and 15 concerned the second victim, TS, as do the matters on the Forms 1, namely, Counts 7 and 9. The offender was arrested in respect of those offences on 24 November 2016 and has been in custody since that date. 6. The offences were committed whilst the offender was subject to a bond pursuant to s 33(1)(a)(ii) of the Children (Criminal Proceedings) Act 1987. That bond was imposed on 9 September 2015 for two offences, namely, sexual intercourse with a child between 14-16 years, and secondly, produce, disseminate or possess child abuse material. Breach of that bond was dealt with by the Local Court Taree today, and a bond pursuant to s 33(1B) was imposed for a period of 18 months from 15 June 2018.