R v MR [2019] NSWDC 589

District Court New South Wales

Medium Neutral Citation: R v MR [2019] NSWDC 589 Hearing dates: 9 August 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: The offender is sentenced to a non-parole period of two years and three months to date from 29 August 2018 and expire on 28 November 2020 with a balance of term of one year and six months to expire on 28 May 2022.

The total term of the sentence is three years and nine months. The starting term for the sentence was five years which I have discounted by 25% for the plea of guilty leaving a total term of three years and nine months. Catchwords: CRIME – sentence- aggravated indecent assault – mental health issues – special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Imbornone v R [2017] NSWCCA 144 R v Dent unreported NSWCCA 14 March 1991 Category: Sentence Parties: Regina (Crown) MR (Offender) Representation: Counsel: Ms S Hall for the Offender

Solicitors: Ms H Cantor for the Crown File Number(s): 2018/135303 Publication restriction: Section 578A(2) Crimes Act applies to this matter – no publication of any matter which identifies the complainant or may lead to the identification of the complainant.

Judgment 1. The offender, MR, born 1971, 48 years of age, appears for sentence in relation to one offence of indecent assault upon a person under the age of 16 years, an offence pursuant to s 61M(2) of the Crimes Act. The maximum prescribed penalty for that offence is ten years' imprisonment. There is a prescribed standard non-parole period of eight years' imprisonment. 2. The offender pleaded guilty on 19 March 2019 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has been in custody bail refused since 31 August 2018. He also spent a further two days in custody at the time of his arrest. 4. In those circumstance, the sentence imposed today will be backdated to 29 August 2018.