NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v JP [2019] NSWDC 750 Hearing dates: 9 August 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: Aggregate term of imprisonment of 4 years and 6 months with a non-parole period of 2 years and 6 months to date from the 28th March 2019. Catchwords: Crime - Child sex offences – Sexual intercourse with child <10 – Indecent assault person under 16 years of age – Intellectual disability - breach of trust – offences occurred in the victim's home Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application under s37 No 1 of 2002 (2002) 56 NSWLR 146 De La Rosa [2010] NSWCCA 194 Muldrock [2011] HCA 39 Veen No.2 (1988) 164 CLR 465 OO [2002] NSWCCA 416 Category: Sentence Parties: Regina JP Representation: Counsel: Crown: Mr J Hanna Defence: Ms S Anderson
File Number(s): 2017/248839
contents The charges The Agreed Facts Determinations re blood and mental health Finding re blood The offender's mental health Dr Furst Dr Furst 23.11.18 Dr Furst 22.5.19 Cross examination Concerns re Dr Furst Conclusion as to mental health considerations The submissions of the parties The offender Special circumstances The Crown Further findings and discussion Objective seriousness Remorse Rehabilitation and risk of reoffending Sentencing considerations Determination Indicative sentences ORDERS
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