R v KW [2018] NSWDC 209

District Court New South Wales

Medium Neutral Citation: R v KW [2018] NSWDC 209 Hearing dates: 20 July 2018 Decision date: 03 August 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [121] Catchwords: Multiple counts of sexual intercourse with offender's own children under 10 years; possess child abuse material; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Berryman v R [2017] NSWCCA 297 DJM v R [2013] NSWCCA 101 JM v R [2014] NSWCCA 297 LS v R [2012] NSWCCA 236 MRW v R [2011] NSWCCA 260 R v Booth [2009] NSWCCA 89 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Gavel [2019] NSWCCA 56 R v Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: NSW Police Prosecution (Cth Crown) KW (Offender) Representation: Counsel: Mr P Marr (Cth Crown) Ms R Suters (Offender) File Number(s): 16/74204 Publication restriction: Non-Publication Order/Suppression Order pursuant to s 7 prohibiting the publication of any material revealing the identity of the complainants and the offender, the address where any offences took place and the name of the town where any offences took place.

REMARKS ON SENTENCE 1. On 20 July 2018, the offender entered pleas of guilty to eight counts on an Indictment. The offences were: Count 1 – Sexual intercourse with person under 10 years in circumstances of aggravation, namely, under authority, pursuant to s 66A(2)/s 66A of the Crimes Act 1900. Count 2 – Sexual intercourse with person under 10 years in circumstances of aggravation, namely, under authority, pursuant to s 66A of the Crimes Act 1900. Count 3 – Sexual intercourse with person under 10 years in circumstances of aggravation, namely, under authority, pursuant to s 66A(2) of the Crimes Act 1900. Count 4 - Sexual intercourse with person under 10 years in circumstances of aggravation, namely, under authority, pursuant to s 66A(2) of the Crimes Act 1900. 1. Each of the first four counts involved the offender's daughter GW, who was aged 4-7 years at the time of the offending. Each offence carries a maximum penalty of life imprisonment, and a Standard Non-Parole Period of 15 years. Count 5 - Sexual intercourse with person under 10 years in circumstances of aggravation, namely, under authority, pursuant to s 66A(2) of the Crimes Act 1900. 1. Count 5 concerned an offence involving the offender's daughter AW, who was aged 5-8 years at the time of the offending. This offence also carries a maximum penalty of life imprisonment, and Standard Non-Parole Period of 15 years. Count 6 - Sexual intercourse with person under the age of 10 years, pursuant to s 66A(2)/s 66A of the Crimes Act 1900. Count 7 - Sexual intercourse with person under 10 years in circumstances of aggravation, namely, under authority, pursuant to s 66A(2)/s 66A of the Crimes Act 1900. 1. Both these offences involved the offender's son BW, who was at the time of the offending 9 years of age. Both offences carry a maximum penalty of life imprisonment and a Standard Non-Parole Period of 15 years. Count 8 – On 8 March 2016, possess child abuse material pursuant to s 91H(2) of the Crimes Act 1900. The offence carries a maximum penalty of 10 years imprisonment and there is no Standard Non-Parole Period. 1. The offender has asked that the following charges be dealt with on Form 1: In relation to Count 2: Sequence 17 – s 61O(2A) – incite child under 16 to act of indecency – film. Maximum penalty 10 years imprisonment. Sequence 19 – s 91G(1)(a) – use child under 14 years for production of CAM. Maximum penalty 14 years imprisonment and Standard Non-Parole Period of 6 years imprisonment. Sequence 16 – s 91H(2) – disseminate child abuse material. Maximum penalty 10 years imprisonment. In relation to Count 3: Sequence 12 – s 61M(2) – indecent assault on child under 16 years. Maximum penalty 10 years imprisonment and a Standard Non-Parole Period of 8 years imprisonment. Sequence 14 – s 61O(2A) – incite child under 16 years to act of indecency – film. Maximum penalty 10 years imprisonment. Sequence 13 – s 91G(1)(a) – use child under 14 years for production of CAM. Maximum penalty 14 years imprisonment and a Standard Non-Parole period of 6 years imprisonment. In relation to Count 4: Sequence 11 – s 61O(2A) – incite child under 16 years to act of indecency – film. Maximum penalty 10 years imprisonment. Sequence 5 – s 91G(1)(a) – use child under 14 years for production of CAM. Maximum penalty 14 years imprisonment with a Standard Non-Parole Period of 6 years imprisonment. Sequence 8 – s 91H(2) – disseminate child abuse material. Maximum penalty 10 years imprisonment. In relation to Count 5: Sequence 21 – s 61O(2A) – incite child under 16 years to act of indecency – film. Maximum penalty 10 years imprisonment. Sequence 25 – s 61O(2) – act of indecency towards child under 16 years. Maximum penalty 7 years imprisonment. Sequence 26 – s 61M(2) – indecent assault on child under 16 years. Maximum penalty 10 years with a Standard Non-Parole Period of 8 years imprisonment. Sequence 22 – s 91G(1)(a) – use child under 14 years for production of CAM. Maximum penalty 14 years imprisonment with a Standard Non-Parole Period of 6 years imprisonment. Sequence 23 – s 91H(2) – disseminate child abuse material. Maximum penalty 10 years imprisonment. In relation to Count 7: Sequence 27 – s 61O(2A) – incite child under 16 years to act of indecency – film. Maximum penalty 10 years imprisonment. Sequence 28 – s 61M(2) – indecent assault on child under 16 years. Maximum penalty 10 years imprisonment with a Standard Non-Parole Period of 8 years imprisonment. Sequence 29 – s 91G(1)(a) – use child under 14 years for production of CAM. Maximum penalty 14 years imprisonment with a Standard Non-Parole Period of 6 years imprisonment. Sequence 30 – s 91H(2) – disseminate child abuse material. Maximum penalty 10 years imprisonment. 1. All of the offences occurred between 28 February 2013 and 8 March 2016, when the offender was arrested. The offender has been in custody since 8 March 2016. She was committed for sentence on 7 June 2017 and the sentence hearing took place on 20 July 2018.