R v GS [2019] NSWDC 605

District Court New South Wales

Medium Neutral Citation: R v GS [2019] NSWDC 605 Hearing dates: 9 August, 2 September 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Criminal Before: GRANT DCJ Decision: An aggregate sentence of 12 years imprisonment with a non parole period of eight years. The sentence is to commence from 4 May 2017. The offender will be eligible for parole on 3 May 2025. The head sentence will expire on 3 May 2029. Catchwords: CRIME — Child sex offences — multiple victims SENTENCING — Relevant factors on sentence — Multiple offences — Totality Legislation Cited: Crimes (High Risk Offenders) Act of 2006 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Denham v The Queen [2016] NSWCCA 309 EG v The Queen [2015] NSWCCA 21 R v Holder, R v Johnson (1983) 3 NSWLR 245 R v Holyoak (1995) 82 A Crim R 502 Texts Cited: Royal Commission into Institutional Response to Child Sex Abuse Category: Sentence Parties: Regina (Crown) GS (Offender) Representation: Counsel: Constantino (Solicitor Advocate, Crown) S Goodwin (Offender) File Number(s): 2017/00013449 Publication restriction: Indentifiers of victims

Judgment

INTRODUCTION 1. The offender has pleaded guilty to the following: Six sexual offences committed upon his grandson, TG, with two offences to be taken into account via Form 1. Six sexual offences committed upon his grandson, DG, with another five offences to be taken into account via Form 1. One sexual offence committed upon his granddaughter AS. One sexual offence committed upon his grandson IS. 2. In terms of the nature of the offences he stands to be sentenced for they comprise four offences of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 carrying a maximum penalty of 14 years imprisonment with a standard non parole period of seven years. Three offences of aggravated indecent assault contrary to s 61M of the Crimes Act 1900 carrying a maximum penalty of seven years imprisonment with a standard non parole period of five years. Six offences of indecent assault contrary to s 61L of the Crimes Act carrying a maximum penalty of five years imprisonment, there is no standard non parole period. One offence of commit act of indecency person under 16 years contrary to s 61N(1)of the Crimes Act carrying a maximum penalty of two years imprisonment, there is no standard non parole period. 3. There are seven offences to be taken into account via a Form 1. Three of aggravated indecent assault, three of indecent assault and one of attempted sexual intercourse without consent. The maximum penalties and the standard non parole periods are an important guidepost in the assessment of sentence. A judge should steer by the maximum penalty but not aim for it.