R v BP (No 2) [2019] NSWDC 446

District Court New South Wales

Medium Neutral Citation: R v BP (No 2) [2019] NSWDC 446 Hearing dates: 7 June 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [47]-[48] Catchwords: CRIME — Child sex offences — Sexual intercourse with child <10 Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Holyoak (1995) 82 A Crim R 502 Veen v The Queen (No 2) (1988) 164 CLR 465 Texts Cited: None Category: Sentence Parties: Regina (Crown) BP (Offender) Representation: Counsel: Ms K Tennant (Crown) Mr J O'Sullivan (Offender)

Solicitors: ODPP (Crown) David Kelly Lawyers (Offender) File Number(s): 2017/313106 Publication restriction: Non-Publication Order with regards to the name of the complainant and the Offender

Judgment 1. BP is now before the Court for sentence in relation to two charges to which he pleaded not guilty and has maintained that he is not guilty but in respect of which a jury found him guilty. 2. Those charges are: 1. indecent assault where the victim was under the age of ten years, in contravention of s61M(2) of the Crimes Act. That carries a maximum penalty at the relevant time of ten years and a standard non-parole period of five years; and 2. the second charge in respect of which he was found guilty by the jury was sexual intercourse with a person under the age of ten years in contravention of s66A of the Crimes Act which charge carries a maximum penalty of imprisonment of 25 years and a standard non-parole period relevantly at the time of 15 years. 1. There are no matters to be dealt with by way of a Form 1 or any related back-up charges. 2. The relevant offending took place between 22 July 2004 and 31 December 2006. The Offender was in custody bail refused between 17 October 2017 and 5 December 2017, a period of 50 days and also following the jury's verdict on 5 April 2019 through to today, 7 June 2019, a period of 64 days. It is agreed that his sentence ought to be backdated to reflect that fact by a period of 114 days. The commencement date for the sentence, therefore, is 13 February 2019. 3. The evidence on sentence comprised the Crown Sentence Summary (Exhibit A) and the Detention Application and documents attached thereto in relation to an intervening event (Exhibit B). On behalf of the Offender, a report by Lee Knight, psychologist, dated 3 June 2019 (Exhibit 1). I was also provided with submissions on behalf of the Crown (MFI 1).