R v O’Sullivan [2019] NSWDC 563

District Court New South Wales

Medium Neutral Citation: R v O'Sullivan [2019] NSWDC 563 Hearing dates: 17 May 2019, 6 September 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraphs [52] to [59] Catchwords: CRIME — Child sex offences — Sexual intercourse with child >14 <16 CRIME — Sexual offences — Sexual intercourse without consent SENTENCING — Relevant factors on sentence — Delay Legislation Cited: Crimes Act 1900 Cases Cited: Hayek v R [2016] NSWCCA 126 Category: Sentence Parties: Terrence Kenneth O'Sullivan (Offender) Director of Public Prosecutions (Crown) Representation: Counsel: B Robinson (Offender)

Solicitors: C Hunter (Offender) C Hurford (Crown) File Number(s): 2017/241595 Publication restriction: Statutory non-publication order applies to identity of victim

SENTENCE 1. HIS HONOUR: The offender stands to be sentenced, having pleaded guilty to the following offences: Five counts of having sexual intercourse with TS who was a person above the age of 14 years of age and under 16 years of age, namely 15 years of age at the time of the offences. Those offences are offences under s 66C(3) of the Crimes Act and have a maximum penalty of ten years imprisonment and there is no applicable standard non-parole period. 2. Those five offences occurred between 1 March 2008 and 30 December 2008. The offender is also to be sentenced in relation to one offence that occurred between 7 and 31 January 2009 of sexual intercourse with TS without her consent knowing she was not consenting. That is an offence under s 61I of the Crimes Act and had at the relevant time a maximum penalty of 14 years imprisonment and an applicable standard non-parole period of seven years.