DPP v IJL [2019] NSWLC 2

Local Court New South Wales

Medium Neutral Citation: DPP v IJL [2019] NSWLC 2 Hearing dates: 15 January and 12 February 2019 Decision date: 12 February 2019 Jurisdiction: Criminal Before: Judge Graeme Henson AO, Chief Magistrate Decision: See [38]. Catchwords: CRIME – Sentencing – incite an aggravated act of indecency – aggravated indecent assault – victim under age of 16 - historical child sex offences – offender victim's stepfather at time of offending - committed in victim's home – breach of trust – vulnerable victim - offending behaviour above mid-range of objective seriousness - utilitarian value of guilty plea – court required to sentence according to current community standards – special circumstances – offender's age and health - sentence of imprisonment imposed Legislation Cited: Crimes Act 1900 (NSW) ss 61O(1), 61M(1) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A, 25AA, 27(3)(d) Cases Cited: Imbornone v R [2017] NSWCCA 144 Jonson v R [2016] NSWCCA 286 PWB v R [2011] NSWCCA 84 R v Doan (2000) 50 NSWLR 115 R v Lulham [2016] NSWCCA 287 R v Nelson [2016] NSWCCA 130 Category: Sentence Parties: Director of Public Prosecutions (NSW) (prosecutor) IJL (defendant) Representation: Kuppusany, for the prosecution Nicol, for the defendant File Number(s): 2018/00112987 Publication restriction: Non-publication order prohibiting the publication of any details capable of giving rise to a capacity to identify the victim.