R v SB [2018] NSWDC 474

District Court New South Wales

Medium Neutral Citation: R v SB [2018] NSWDC 474 Hearing dates: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – 1st time in custody, likely to be held in limited association or protection & would be assisted by a longer period of parole to assist in reintegration into the community, including counselling and/treatment in respect of alcohol abuse and sexual offending. Indicative sentences: Count 1: 10 years' imprisonment with a NPP of 6 years and 8 months Count 5: 9 years' imprisonment with a NPP of 6 years Aggregate sentence: Sentenced to a term of imprisonment for 12 years comprising a NPP of 8 years to commence on 8/5/18 and to expire on 7/5/26 and a balance of term of 4 years to commence on 8/5/26 and expire on 7/5/30. Eligible for release to parole on 7/5/26. Catchwords: CRIMINAL – sentence – after trial - child sex offences — sexual intercourse with person, under 10 - circumstances of aggravation – under authority–2 offences - victim the natural child of offender – digital vaginal penetration – abuse of trust and authority – alcohol, PTSD – ex-ADF veteran of Afghanistan and East Timor - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Regina SB Representation: Counsel: Crown: Ms K Jeffreys Defence: Mr P Lonergan