R v Shen [2019] NSWDC 499

District Court New South Wales

Medium Neutral Citation: R v Shen [2019] NSWDC 499 Hearing dates: 14 February 2019 Decision date: 05 April 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Sentenced in each case to a Community Corrections Order for 3 years to commence today, and to be served concurrently. In respect of each offence, I order that the offender perform 100 hours of Community Service.(Total: 300 hours) I request that Community Corrections NSW refer the offender to a CS NSW psychologist to undertake a dynamic risk assessment to assess whether he is suitable for a sex offender program. If he is found suitable, the offender is to participate in any program as directed. The offender is to continue with treatment from his current psychologist Mr Gerald Au for such period within the terms of the CCO as Mr Au deems necessary. The offender is to report to Burwood Community Corrections office at 11 a.m. on Monday 8/4/19. Catchwords: CRIMINAL – Sentence – 3 offences of assault with an act of indecency – massage therapist – no criminal antecedents – discount for plea - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Qin [2008] NSWCCA 189 Category: Sentence Parties: Regina SHEN, Zhenchong Representation: Counsel: Mr B Clark Mr H Dhanji SC Solicitors: Crown: Mr A Fiorenza Defence: Mr J Lu SHL and Associates Lawyers File Number(s): 2017/171654 Publication restriction: NPO in re the name of the complainant or anything that might tend to identify her.