R v AC [2019] NSWDC 649

District Court New South Wales

Medium Neutral Citation: R v AC [2019] NSWDC 649 Hearing dates: 11 and 19 June 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Convicted and sentenced to an aggregate total sentence of three years and four months to date from 19 June 2019 to expire on 18 October 2022 with a non-parole period of two years to date from 19 June 2019 and expire on 18 June 2021. Catchwords: CRIMINAL – sentencing-aggravated indecent assault – full time custodial sentence required Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Cahyadi v R [2007] NSWCCA 1 Newbigging [2004] NSWCCA 239 R v Dent unreported NSWCCA 14 R v Giddy [2003] NSWCCA 46 R v Jokhan (2019) NSW District Court 127 R v Nelson [2016] NSWCCA 130 Category: Sentence Parties: Regina (Crown) AC (Offender) Representation: Counsel: Mr D Murray of counsel for the offender

Solicitors: Ms G Rowe for the Crown File Number(s): 2018/00166958 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.

sentence 1. AC, 51 years of age, appears for sentence in relation to two offences of indecent assault with person aged under ten years pursuant to s 61M(2) of the Crimes Act. The offending occurred between 2003 and 2005. The offender is the victim's stepfather. The maximum prescribed penalty in respect of each offence is ten years imprisonment. The prescribed standard non parole period as at the date of the offending was five years. 2. The offender pleaded guilty at the Wyong Local Court on 5 February 2019. Having regard to the timing of the plea, I propose to allow discount on sentence of 25%. The offender has spent no time in custody in relation to the offending.