R v BARBARIN [2018] NSWDC 508

District Court New South Wales

Medium Neutral Citation: R v BARBARIN [2018] NSWDC 508 Hearing dates: 4 October 2018, 19 October 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Criminal Before: TUPMAN DCJ Decision: Aggregate term of 3 years; NPP 18 months; Indicative sentences of 18 months (RE Seq 2-6). Catchwords: CRIMINAL LAW – Committal for Sentence after please of guilty in Local Court – 25% discount – Indecent assaults on mainly young Asian women in the street in the Eastern Suburbs of Sydney – 5 complainants who were strangers – Touching outside of clothing on breasts – Offences of short duration – Opportunistic – Below mid range objective seriousness – S 5 threshold reached because of overall criminality – Offender 47 year old French citizen resident and working in Australia since 1997 – No relevant prior convictions – Good work record – History of psychiatric illnesses including bipolar disorder – Not being appropriately treated at time of offending – Impressive evidence from family in France with plan for ongoing psychiatric care when he returns – Genuine remorse and contrition – Very positive personal references – Offending out of character – Low probability of sexual offending recidivism – Special circumstances – In custody bail refused since arrest – Sentence backdated. Legislation Cited: Crimes Act 1900 (NSW), s 61L. Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30, 53A. Cases Cited: R v Thomson and Houlton (2000) 49 NSWLR 383. Category: Sentence Parties: Jean Francois Barbarin

The Crown Representation: F/W- Mr Wrench

Cr- Mr Tembe File Number(s): 2017/00348378 Publication restriction: Pursuant to s 578A Crimes Act 1900: No publication of material identifying the victims is permitted.