R v JP [2019] NSWDC 700

District Court New South Wales

Medium Neutral Citation: R v JP [2019] NSWDC 700 Hearing dates: 19 November, 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: Aggregate sentence of 3 ½ years with a non parole period 2 years 4 months Catchwords: Sentence – sexual intercourse with child under 10 years – act of indecency under authority – lower end of subjective seriousness – abused position of trust – offender co-operated with authorities – mental health Legislation Cited: Crimes Act Crimes (Sentencing Procedure) Act Cases Cited: FD v R [2013] NSWCCA 139 NLR [2011] NSWCCA 246 Category: Sentence Parties: Regina (Crown) JP (Offender) Representation: Solicitors: Director of Public Prosecutions (Crown) Ms. S. Anderson (Offender) File Number(s): 2019/87395

Judgment 1. The offender pleads guilty to 2 counts appearing in an indictment dated 18 November 2019. The first count is that in breach of section 66A(1) of the Crimes Act 1900 the offender did, between 1 July 2014 and 31 May 2015 in northern New South Wales have sexual intercourse with "Jane" (a pseudonym) who was at that time under the age of 10 years namely 8 or 9. At the time of this offending the maximum penalty for this offence was imprisonment for a term of 25 years and by division 1A of Part 4 of the Crimes (Sentencing Procedure) Act the standard non-parole period is 15 years. 2. The second count is that between 28 July 2014 and 31 May 2015 at Northern New South Wales the offender assaulted "Sally" (a pseudonym) and at the time of the offence committed an act of indecency on Sally, she being a person under the authority of the offender. The maximum penalty is seven years imprisonment with a standard non-parole period of five years imprisonment. 3. The evidence of the Crown consisted of a Crown sentence summary, the indictment, agreed facts, the criminal history and the custodial management record relating to the offender. That evidence was marked exhibit A. The following recitation of the facts is taken from the agreed facts.