R v MK [2019] NSWDC 489

District Court New South Wales

Medium Neutral Citation: R v MK [2019] NSWDC 489 Hearing dates: 14 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 7 years and 6 months to date from 7 November 2017 and expire on 6 May 2025 with a non‑parole period of 5 years to date from 7 November 2017 to expire on 6 November 2022. Catchwords: Criminal law – sentence- indecent assault – sexual intercourse with child +0 -14 years – mental health issues Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999. Cases Cited: Cahyadi v R [2007] NSWCCA 1 DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194 R v BA [2014] NSWCCA 148 R v Hibberd (2009) 194 A Crim R 1 R v Nelson [2016] NSWCCA 130 Tepania [2018] NSWCCA 247 Yun v R [2017] NSWCCA 317 Category: Sentence Parties: Regina (Crown) MK (Offender) Representation: Counsel: Mr De Mars of counsel for the offender

Solicitors: Ms C Hodgeman for the Crown File Number(s): 2017/00337039 Publication restriction: Pursuant to section 578A Crimes Act - No publication of any material that would identify or tend to identify the complainant in this matter.

SENTENCE 1. MK, now aged 28 years appears, for sentence in relation to 11 offences of indecent assault person under the age of 16 years, pursuant to s 61M(2) of the Crimes Act, and two offences of have sexual intercourse with person aged 10 years or over and under 14 years, an offence pursuant to s 66C(1) of the Crimes Act. 2. The maximum prescribed penalty in respect of the offences of indecent assault person under 16 years of age is 10 years' imprisonment. There is a prescribed standard non‑parole period of eight years. 3. In respect of the offence of have sexual intercourse with person aged 10 years or over and under 14 years, the maximum prescribed penalty is 16 years' imprisonment. There is a prescribed standard non-parole period of 7 years. 4. The victim, BW, now aged 11 years, is the offender's half‑sister. The offending occurred between 2014 and 2017. 5. The offender pleaded guilty to all offences in the Wyong Local Court on 2 October 2018. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 6. The offender has been in custody, bail refused, since his date of arrest on 11 November 2017. Accordingly, the sentence imposed today will be backdated to that date.