R v Donnelly [2019] NSWDC 742

District Court New South Wales

Medium Neutral Citation: R v Donnelly [2019] NSWDC 742 Hearing dates: 05-09, 12-15 August 2019 (trial); 18 October 2019 (sentence hearing) Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [88] Legislation Cited: Crimes Act 1900 (NSW) ss 66C(3), 66D, 66M(1) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 25AA Cases Cited: Coles v R [2016] NSWCCA 32 Elchiekh v R [2016] NSWCCA 225 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 R v KNL (2005) 154 A Crim R 268 R v Sea (Unreported, 13 August 1990) Sabra v R [2015] NSWCCA 38 Texts Cited: N/A Category: Sentence Parties: Regina (Crown) Andrew Donnelly (Offender) Representation: Counsel: Ms E. Curran (Solicitor Advocate) Mr B. Brassil (Offender)

Solicitors: Office of the Director of Public Prosecutions Longton Legal File Number(s): 2016/361725 Publication restriction: s 578A Crimes Act 1900 (NSW) andS 15A(1) of the of the Children (Criminal Proceedings) Act 1987 (NSW) applies

Judgment 1. On 5 August 2019, the offender was arraigned and pleaded not guilty to six offences as follows: 1. On 3 June 2005, at Liverpool in the State of New South Wales, assaulted BH and at the time of the assault committed an act of indecency on BH, in circumstances of aggravation, namely, that at the time of the offence BH was under the age of 16 years, namely 14 years, contrary to section 61M(1) of the Crimes Act 1900 (NSW); [1] 2. On 3 June 2005, at Liverpool in the State of New South Wales, assaulted BH and at the time of the assault committed an act of indecency on BH, in circumstances of aggravation, namely, that at the time of the offence BH was under the age of 16 years, namely 14 years, contrary to section 61M(1) of the 1900 Act; 3. On 3 June 2005, at Liverpool in the State of New South Wales, assaulted BH and at the time of the assault committed an act of indecency on BH, in circumstances of aggravation, namely, that at the time of the offence BH was under the age of 16 years, namely 14 years, contrary to section 61M(1) of the 1900 Act; 4. On 3 June 2005, at Liverpool in the State of New South Wales, assaulted BH and at the time of the assault committed an act of indecency on BH, in circumstances of aggravation, namely, that at the time of the offence BH was under the age of 16 years, namely 14 years, contrary to section 61M(1) of the 1900 Act; 5. On 3 June 2005, at Liverpool in the State of New South Wales, attempted to have sexual intercourse with BH a person above the age of 10 years and under the age of 16 years, namely, 14 years, contrary to section 66D of the 1900 Act; and 6. On 3 June 2005, at Liverpool in the State of New South Wales, had sexual intercourse with BH, a person under the age of 16 years, namely 14 years, contrary to section 66C(3) of the 1900 Act. 1. On 15 August 2019, a jury of twelve delivered verdicts of not guilty in relation to counts 1 to 3 and guilty in relation to counts 4 to 6. The matter was thereafter adjourned for sentence submissions on 18 October 2019 and to this date for the delivery of sentence.