R v Pankhurst [2019] NSWDC 719

District Court New South Wales

Medium Neutral Citation: R v Pankhurst [2019] NSWDC 719 Hearing dates: 20 November 2019 Decision date: 27 November 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Non-custodial sentence. For orders see [54] Catchwords: Two offences of aggravated indecent assault; one count of use carriage service to solicit child pornography material; one count of transmit indecent communication to person under 16 years; young offender. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth) Category: Sentence Parties: Director of Public Prosecutions (Crown) Director of Public Prosecutions (Cth) Thomas Charles Pankhurst (Offender) Representation: Counsel: Mr P Winch (Offender)

Solicitors: Ms S Foggo (Crown) File Number(s): 18/21607618/20483018/331610 Publication restriction: NB s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies the victims or may lead to the identification of the victims.

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following four offences to which he has pleaded guilty: Count 1 – Aggravated indecent assault pursuant to s 61M(2) of the Crimes Act 1900. Count 2 – Aggravated indecent assault pursuant to s 61M(2) of the Crimes Act 1900. Sequence 1 – Use carriage service to solicit child pornography pursuant to s 474.19(1)(a)(iv) of the Criminal Code 1995 (Cth). Sequence 2 – Use carriage service to transmit indecent communication to person under 16 years pursuant to s 474.27A of the Criminal Code 1995 (Cth). 1. Counts 1 and 2 carry a maximum penalty of 10 years imprisonment and a Standard Non-Parole Period of 8 years in respect of each offence. Sequence 1 carries a maximum penalty of 15 years imprisonment, and Sequence 2 a maximum penalty of 7 years imprisonment. 2. The offender has also asked to be taken into account two matters on a Form 1 in respect of Count 1. They are two counts of aggravated indecent assault (Sequence 1 and Sequence 3) which occurred on the same day as the offence in Count 1, that is, 14 May 2018. The offender has admitted his guilt in respect of each of those matters. 3. The offender was born on 4 April 2000 and was committed to stand trial at the Queanbeyan District Court on 19 August 2019. On the first day of the trial the offender pleaded guilty to the above charges on an amended Indictment. One previous charge had been dropped from that Indictment. It was not in dispute that he was entitled to a 5% utilitarian discount on sentence in respect of his late plea of guilty to each of the above charges.