Dawkins v R [2018] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dawkins v R [2018] NSWCCA 278 Hearing dates: 10 September 2018 Decision date: 07 December 2018 Before: Basten JA at [1]: McCallum J at [9]: Bellew J at [53]: Decision: (1) Leave to appeal granted.

(2) Appeal allowed and sentence imposed at first instance quashed

(3) The offender is sentenced to an aggregate sentence of imprisonment for 5 years with a non-parole period of 2 ½ years, to commence on 29 October 2016.

(4) The first date on which the applicant is eligible for release on parole is 28 April 2019. The sentence will expire on 28 October 2021. Catchwords: CRIME – sentencing – aggravated sexual intercourse with a person between the age of 10 and 14 years – circumstance of aggravation that the victim was under the authority of the offender – assessment of objective seriousness of the offences – where the offender was a family friend and casual babysitter of the 12-year old victim and her 4-year old sister – development of relationship between victim and offender – whether the sentencing judge's conclusion that the offences fell just below the mid-range of seriousness was reasonably open Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A Crimes Act 1900 (NSW), ss 61J, 61M(1), (2), 66C(2), (5) Cases Cited: BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 Cohen v R [2011] NSW CCA 165 Hogan v R (2008) 186 A Crim R 52; [2008] NSWCCA 150 Lee v R [2016] NSWCCA 66 Mulato v R [2006] NSWCCA 282 R v Nelson [2016] NSWCCA 130 R v Schwenke [2004] NSWCCA 289 Wakeling v R [2016] NSWCCA 33 Category: Principal judgment Parties: Benjamin Dawkins (applicant) Regina (respondent) Representation: Counsel: I Nash (applicant) B Hatfield (respondent)