R v John Sidney Denham [2019] NSWDC 212

District Court New South Wales

Medium Neutral Citation: R v John Sidney Denham [2019] NSWDC 212 Hearing dates: 27 February 2019 Decision date: 30 May 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [74] Catchwords: Historical child sex offences; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Mill v R (1989) 166 CLR 59 R v Achurch (2011) 216 A Crim R 152 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Todd (1982) 2 NSWLR 517 R v Van Ryn [2016] NSWCCA 1 Veen v R [No. 2] (1998) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) John Sidney Denham (Offender) Representation: Counsel: M Coates (Crown) M McAuley (Offender)

Solicitors: File Number(s): 17/93911 Publication restriction: Pursuant to s 578A (2) of the Crimes Act 1900 a person shall not publish any matter which identifies the victim or is likely to lead to the identification of the victim in this matter. The victim's name has been anonymised and he will be referred to herein as XX.

REMARKS ON SENTENCE 1. On 2 October 2018 the offender pleaded not guilty to four counts on an Indictment as follows: Count 1 – Between 7 June 1981 and 6 June 1982 at Taree in the State of New South Wales, did indecently assault XX, a male person. The offence is pursuant to s 81 of the Crimes Act 1900 and the maximum penalty is 5 years imprisonment. Count 2 – Between 7 June 1981 and 6 June 1982 at Taree in the State of New South Wales, did indecently assault XX, a male person. The offence is pursuant to s 81 of the Crimes Act 1900 and the maximum penalty is 5 years imprisonment. Count 3 – Between 1 January 1982 and 31 December 1982 at Taree in the State of New South Wales, did indecently assault XX, a male person. The offence is pursuant to s 81 of the Crimes Act 1900 and the maximum penalty is 5 years imprisonment. Count 4 - Between 1 January 1982 and 31 December 1982 at Taree in the State of New South Wales, did commit an act of buggery with XX. This offence is pursuant to s 79 of the Crimes Act 1900 and the maximum penalty is 14 years imprisonment. 1. The trial proceeded by judge alone and on 10 October 2018 the offender was found guilty of each of the four counts on the Indictment. The following facts may be derived from my judgment on verdict.