R v Arissian [2019] NSWDC 642

District Court New South Wales

Medium Neutral Citation: R v Arissian [2019] NSWDC 642 Hearing dates: 8 July 2019, 16 July 2019 Decision date: 16 July 2019 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Total sentence of 8 years imprisonment; non parole period 4 years Catchwords: CRIME – Sentence – indecent assault victim under 16 years under authority – aggravated act of indecency – age difference – employer/employee – grooming – manipulation - pattern of behaviour – numerous incidents – victim resigned from job and reported to police one incident from that day – did not speak of wider behaviour until following year – prisoner serving sentence for similar prior offence when charged with these offences – pleas of guilty – letter of apology to the victim - no mental illness or personality pathology – moderate risk of re-offending – family support – limited insight into his offending - requires further counselling – sentence partially accumulative upon previous aggregate sentence Legislation Cited: Attorney General's Application No 1 of (2002) 56 NSWLR 147 Crimes Act 1900; s 61M; s 61O; s 558 Crimes (Sentencing Procedure) Act 1999; s 25AA; s 21A; s 25D; Div 4 Pt 1B; s 53A; s 3A; s 44 Sentencing Act 1989; s 9 Cases Cited: DPP v De La Rosa [2010] NSWCCA 194 Hemsley [2004] Johnson v R (2004) 78 ALJR 616 Mill v R (1988) 166 CLR 59 Mostyn v R [2004] NSWCCA 97 Pearce v R (1998) 194 CLR 16 R v BA [2014] NSWCCA 148 R v Holder [1983] 3 NSWLR 245 R v MJR (2002) 54 NSWLR 368 R v Solomon [2005] 153 A Crim R 32 R v Thomas [2007] NSWCCA 269 R v Todd [1982] 2NSWLR 517 R v Tuala, [2015] NSWCCA 8 R v XX (2009) 195 A Crime R 38 Wilson v R [2005] NSWCCA 219 Category: Sentence Parties: Regina (Crown) Sarmen Arissian (offender) Representation: Counsel: Mr E Anderson (offender)