R v Roberts [2019] NSWDC 510

District Court New South Wales

Medium Neutral Citation: R v Roberts [2019] NSWDC 510 Hearing dates: 3 May 2019 Decision date: 08 May 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – offender is a former army & correctional services officer, & has severe PTSD with short term memory loss, 1st time in custody. Indicative Sentences: Count 1 (SEQ 001) – 18 months' imprisonment Count 2 (SEQ 002) – 18 months' imprisonment Count 3 (SEQ 003) – 18 months' imprisonment Count 4 (SEQ 007) + Form 1 – 18 months' imprisonment Count 5 (SEQ 009) + Form 1 – 2 years' imprisonment Aggregate Sentence: Sentenced to a term of imprisonment for 3 years comprising of a non-parole period of 2 years to commence on 6/5/19 and to expire on 5 May 2021, and a balance of term of 1 year to commence on 6 May 2021 and to expire on 5 May 2022. Catchwords: CRIMINAL – sentence - indecent assaults – historic sexual offences, 3 against child & 2 against same complainant as an adult - effect of change of legislation in interim – belated pleas – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AJB v R [2007] NSWCCA 51 Henderson v R (2016) NSWCCA 8 Moon v R [2000] NSWCCA 534 MPB v R [2013] NSWCCA 213 R v MJR [2002] NSWCCA 129 Category: Sentence Parties: Regina Anthony John Roberts Representation: Counsel: Crown: Mr P G Hogan Defence: Mr P Johnson