R v Huckstadt [2019] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v Huckstadt [2019] NSWDC 62 Hearing dates: 07 December 2018, 11 December 2018 Decision date: 01 February 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Form 1 matter to be taken into account in sentence imposed for SEQ 3. Indicative sentences: SEQ 1: Imprisonment for 3 years with a NPP of 18 months. SEQ 3 (+Form 1): Imprisonment for 3 years and 6 months with a NPP of 21 months. Aggregate sentence: Special circumstances found – relative young age, 1st time in custody, need for longer period on parole to assist in rehabilitation and return to a useful, non-offending life in the community, and to assist with ongoing treatment and/or counselling in respect of sexual offending. Sentenced to a total term of imprisonment for 4 years comprising of a NPP of 2 years, to commence on 18/8/18 and to expire on 17/8/20, and a balance of term of 2 years to commence on 18/8/20 and to expire on 17/8/22. Eligible for release to parole on 17/8/20. Catchwords: CRIMINAL – sentence – aggregate - 2 counts of sexual intercourse with a person over ten years of age and under 14 years of age, penile/vaginal intercourse – Form 1 matter - sexual intercourse with a person above ten but below 14 years of age, namely 13 years of age,fellatio – text messages may constitute some form of grooming – Victim Impact Statement - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 279 Fernando v R (1992) A Crim R 58 Kentwell v R (No 2) [2015] NSWCCA 96 Category: Sentence Parties: Regina Christopher James Huckstadt Representation: Solicitors: Crown: Mr K Ng Defence: Ms C Nicol File Number(s): 2017/00286917 Publication restriction: Non-Publication Order re name of the complainant or any evidence which might identify the complainant