R v DM [2019] NSWDC 653

District Court New South Wales

Medium Neutral Citation: R v DM [2019] NSWDC 653 Hearing dates: 18 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraphs [41] and [42] Catchwords: CRIME — Child sex offences — Persistent sexual abuse of a child — Form 1 — Possess child abuse material Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Hayek v The Queen [2016] NSWCCA 126 Category: Sentence Parties: Director of Public Prosecutions (DPP) DM (Offender) Representation: Counsel: S Fraser (Offender)

Solicitors: J Walshe (DPP) File Number(s): 2017/00282903 Publication restriction: NON-PUBLICATION ORDER RE IDENTITY OF OFFENDER AND VICTIM

SENTENCE 1. HIS HONOUR: The offender is to be sentenced having pleaded guilty to an indictment containing a single charge under s 66EA(1) of the Crimes Act that between 8 October 2016 and 12 February 2017 at various locations, including on at least one occasion in New South Wales, he on at least three separate occasions and on at least three separate days engaged in conduct in relation to a particular child, SM, that constituted a sexual offence. 2. The indictment then specifies five separate specific offences. They all involved sexual intercourse with SM, who was a child under his authority aged 14. The maximum penalty for the offence at the time of the offending was 25 years' imprisonment and there is no applicable standard non‑parole period. There is an offence on a Form 1, being an offence of possess child abuse material, for which the offender acknowledges his guilt and asks that I take that into account when imposing a sentence. 3. Given the limited number of photographs, seven, the fact they are of SM and therefore intrinsically connected to the primary offence and their nature, I do not consider the offence on the Form 1 is such as to have any significant impact on the sentence I will impose on the offender. The facts are agreed and the following is taken from the agreed facts.