R v BKA [2017] NSWDC 468

District Court New South Wales

Medium Neutral Citation: R v BKA [2017] NSWDC 468 Hearing dates: 27 March 2017; 1 February 2017; 14 December 2016 Date of orders: 27 March 2017 Decision date: 27 March 2017 Jurisdiction: Criminal Before: Hunt DCJ Decision: Taking into account the matters on a Form 1 the offender is sentenced to an aggregate term of imprisonment consisting of a head sentence of 15 years imprisonment with a non-parole period of 10½ years. Catchwords: CRIMINAL LAW – Sentence – Form 1 – Sexual intercourse with person under 10 years of age – Aggravation – Under authority of offender at time of offending – Incite person under 10 years of age to commit an act of indecency – Grooming – Assault and commit act of indecency with a person under the age of 16 years - Assault and commit act of indecency with a person under that age of 10 years – Aggravated indecent assault – Possess unregistered firearm – Prohibited pistol Legislation Cited: Crimes Act 1900 (NSW Crimes (Sentencing Procedure) Act 1986 (NSW Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW). Cases Cited: R v BJW [2000] NSWCCA 60, [20] – [21] R v Hudson (unreported) Court of Criminal Appeal 30.7.98 R v L (unreported) Court of Criminal Appeal 17.6 96 R v M A [2004] NSWCCA 92 R v Nguyen and Pham [2010] NSWCCA 238 Category: Sentence Parties: The Crown BKA Representation: Counsel: R Howle – The Crown D Marr – The Offender