R v Lawrence [2019] NSWDC 577

District Court New South Wales

Medium Neutral Citation: R v Lawrence [2019] NSWDC 577 Hearing dates: 27 September 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Criminal Before: Gartelmann SC DCJ Decision: The offender is sentenced to an aggregate term of imprisonment for 8 years commencing 17 October 2019 and expiring 16 October 2027. I set a non-parole period of 4 years 6 months expiring 16 April 2024. Catchwords: SENTENCING — Aggravating factors — Abuse of position of trust — Mitigating factors — advanced age — poor health CRIME — Sexual offences — Aggravated sexual assault — Aggravated indecent assault — Victim <16 years Category: Sentence Parties: Regina (Crown) Graeme Lawrence (Accused) Representation: Counsel: B Costello (Crown) P Winch (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) John Anthony Solicitors (Accused) File Number(s): 2017/00343861 Publication restriction: Publication of any matter which identifies or is likely to lead to the identification of the complainant in these proceedings is prohibited: s 578A(2) Crimes Act 1900.

Judgment

Introduction 1. The offender is to be sentenced for 2 offences. Count 1 is an offence of indecent assault in circumstances of aggravation namely that the victim was under the age of 16 years. Count 2 is an offence of sexual intercourse without consent in circumstances of aggravation namely that the victim was under the age of 16 years. 2. The maximum penalty applicable to each offence changed following amendments effective 17 March 1991. The maximum penalty applicable to Count 1 was 4 years before then but 7 years from then. The maximum penalty applicable to Count 2 was 10 years before then but 20 years from then. 3. No standard non parole period applies to either offence.