R v DRM [2019] NSWDC 495

District Court New South Wales

Medium Neutral Citation: R v DRM [2019] NSWDC 495 Hearing dates: 6 September 2019 Decision date: 13 September 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [107] Catchwords: Multiple child sexual assault offences; multiple victims; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Beavis v R [2018] NSWCCA 248 Cahyadi v R [2007] NSWCCA 1; 168 ACrimR 41 Hornhardt v R [2017] NSWCCA 186 Matthews v R [2018] NSWCCA 186 Porter v R [2019] NSWCCA 117 R v Gavel [2014] NSWCCA 56 R v Hall [2017] NSWCCA 313 R v Van Ryn [2016] NSWCCA 1 WAP v R [2017] NSWCCA 212 Category: Sentence Parties: Director of Public Prosecutions (Crown) DRM (Offender) Representation: Counsel: D Phillips (Crown) D Marr (Offender) File Number(s): 17/2027 Publication restriction: NB s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies the victims or may lead to the identification of the victims.

REMARKS ON SENTENCE 1. On 27 June 2019 at Sydney District Court, a jury returned verdicts of guilty on the following 26 Counts on the Indictment: 1. Count 1 – between 8 October 1997 and 30 November 1997, at Sydney in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 2 – between 8 October 1997 and 30 November 1997, at Sydney in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 3 – between 8 October 1997 and 30 November 1997, at Sydney in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 4 – between 8 October 1997 and 30 November 1997, at Sydney in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 5 – between 8 October 1997 and 30 November 1997, at Sydney in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 6 – between 8 October 1997 and 30 November 1997, at Sydney in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 7 – between 30 May 1998 and 31 May 1999, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 or 8 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 8 – between 30 May 1998 and 31 May 1999, at Russell Lea in the State of New South Wales, incited RF a person then under the age of 10 years, namely 7 or 8 years, to commit an act of indecency with the offender. This offence is pursuant to s 61O(2) of the Crimes Act 1900 and carries a maximum penalty of 7 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 9 – between 30 May 1998 and 31 May 1999, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 or 8 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 10 – between 30 May 1998 and 31 May 1999, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 7 or 8 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 11 - between 8 October 1998 and 7 October 1999, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 8 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 12 - between 8 October 1998 and 7 October 1999, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 8 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 13 - between 8 October 1998 and 7 October 1999, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 8 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 14 – between 8 October 1998 and 7 October 1999, at Russell Lea in the State of New South Wales, did attempt to have sexual intercourse with RF, a person then under the age of 10 years, namely 8 years. This offence is pursuant to s 66B of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 15 – between 1 June 1999 and 7 October 2000, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 8 or 9 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 16 - between 1 June 1999 and 7 October 2000, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 8 or 9 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 17 - between 1 June 1999 and 7 October 2000, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 8 or 9 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 18 - between 1 June 1999 and 7 October 2000, at Russell Lea in the State of New South Wales, incited RF a person then under the age of 10 years, namely 8 or 9 years, to commit an act of indecency with him. This offence is pursuant to s 61O(2) of the Crimes Act 1900 and carries a maximum penalty of 7 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 19 - between 1 June 1999 and 7 October 2000, at Russell Lea in the State of New South Wales, did have sexual intercourse with RF, a person then under the age of 10 years, namely 8 or 9 years. This offence is pursuant to s 66A of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 20 - between 1 May 2000 and 31 May 2000, at Roselands in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 9 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 21 - between 1 May 2000 and 31 May 2000, at Roselands in the State of New South Wales, did assault RF a person then under the age of 10 years, namely 9 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 22 - between 1 May 2000 and 31 May 2000, at Roselands in the State of New South Wales, did have sexual intercourse with RF, a person then under the age of 10 years, namely 9 years. This offence is pursuant to s 66A of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. There is no Standard Non‑Parole Period. 1. Count 23 – on 18 October 2003, at Russell Lea in the State of New South Wales, did assault RF a person then under the age of 16 years, namely 13 years and at the time of such assault did commit an act of indecency on RF. This offence is pursuant to s 61M(1) of the Crimes Act 1900 and carries a maximum penalty of 7 years imprisonment. There is a Standard Non‑Parole Period of 5 years imprisonment 1. Count 24 – on 17 April 2004, at Russell Lea in the State of New South Wales, did assault PE a person then under the age of 16 years, namely 11 years and at the time of such assault did commit an act of indecency on PE. This offence is pursuant to s 61M(1) of the Crimes Act 1900 and carries a maximum penalty of 7 years imprisonment. There is a Standard Non‑Parole Period of 5 years imprisonment. 1. Count 26 – on 17 April 2004, at Russell Lea in the State of New South Wales, did assault HE a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on HE. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is a Standard Non‑Parole Period of 5 years imprisonment. 1. Count 27 - on 17 April 2004, at Russell Lea in the State of New South Wales, did assault HE a person then under the age of 10 years, namely 7 years and at the time of such assault did commit an act of indecency on HE. This offence is pursuant to s 61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is a Standard Non‑Parole Period of 5 years imprisonment. 1. The following summary of facts is consistent with the jury verdicts in respect of each count: