R v Flinders (a pseudonym) [2019] NSWDC 633

District Court New South Wales

Medium Neutral Citation: R v Flinders (a pseudonym) [2019] NSWDC 633 Hearing dates: 10 October 2019 Date of orders: 10 October 2019 Decision date: 10 October 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is sentenced to an aggregate term of imprisonment for a period of 12 years with a non-parole period of eight and a half years. The commencement date for sentence 23 January 2018. The head sentence will expire on 22 January 2030. The offender will be eligible for parole on 22 July 2026. Category: Sentence Parties: Regina (Crown) Matthew Flinders (a pseudonym) (Accused) Representation: Counsel: N Marney (Solicitor Advocate, Crown) G Lewer (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid Commission NSW/ACT (Offender) File Number(s): 2018/00024014

Judgment 1. On Monday 22 July 2019, the jury found the offender not guilty of counts 1 to 3 and guilty of counts 4 to 7.

THE FACTS

Count 4, sexual intercourse with a child (14 years) whilst under authority. 1. During the course of the trial, the Crown amended the dates of the count to between 1 September 2017 and 21 January 2018. It was clear that the offence occurred prior to count 5 and I am satisfied by the jury verdict that it occurred prior to 27 December 2017. 2. The offender told the complainant that he wanted to go to sleep in her bedroom after staying awake the previous night. The offender told the complainant to put something on in the room for him to watch and fall asleep to. The complainant, wearing a nightie, went into her bedroom to put a DVD on and the offender lay on the bed. As the complainant went to leave the room, the offender then told the complainant to come back, take your pants off and stand on the bed facing the wall. At this time, the offender was half sitting and half lying down on the bed. The complainant did what she was told and the offender then inserted his tongue into the victim's vagina and moved his tongue in circular motions. After about ten minutes, the complainant told the offender that her legs were hurting and he stopped what he was doing. The complainant got off the bed and pulled her underpants back up. The offender got up from the bed and left the room.