NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Malloy [2018] NSWDC 477 Hearing dates: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – age, 1st significant time in custody, need for a longer parole period to reintegrate into the community. Form 1 matters taken into account on sentence imposed for Count 1. Indicative Sentences: COUNT 1 (SEQ 12 + Form 1 matters (SEQ 7, 9, 10): imprisonment for 5 years COUNT 2 (SEQ 6): imprisonment for 2 years AGGREGATE SENTENCE: Sentenced to a total term of imprisonment of 5 years and 6 months, comprising of a NPP of 3 years to commence on 30/1/18 and to expire on 29/1/21, and a balance of term of 2 years and 6 months to commence on 30/1/21 and to expire on 29/7/23. Eligible for release to parole on 29/1/21. Catchwords: CRIMINAL – sentence - aggravated indecency, victim under 16 & under authority of offender - "representative count" - sexual intercourse-person 10 & under 16, under authority - Form 1 matters, 3 charges of indecent assault – offender victim's stepfather – Victim Impact Statement – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act Category: Sentence Parties: Regina Donald James Malloy Representation: Counsel: Defence: Mr C Bolger
Solicitors: Crown: Ms M McIvor File Number(s): 2015/00171755 Publication restriction: Non Publication Order in respect of the name of the complainant and anything that might tend to identify her
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