R v MR [2019] NSWDC 755

District Court New South Wales

Medium Neutral Citation: R v MR [2019] NSWDC 755 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: Aggregate term of imprisonment of 6 years with a non parole period of 4 years commencing 6 September 2019 No action on breach of bonds Catchwords: Sexual intercourse without consent victim 16 years– Assault with Act of indecency Legislation Cited: Crimes Act 1900 Crimes (SP) Act 1999 Cases Cited: Savvas v The Queen (1995) 183 CLR 1 Category: Sentence Parties: Regina (Crown) MR Representation: Counsel: Mr Reynolds for the Crown Mr Hussey for the Offender

Solicitors Mr C Eade for the offender File Number(s): 2013/266340 2018/4189 Publication restriction: Non publication of name of victim

TABLE OF CONTENTS The offences - paragraph 1 The facts - paragraph 4 Background - paragraph 1 Objective seriousness - paragraph 5 Count 1 - paragraph 9 Count 2 - paragraph 13 Count 3 - paragraph 16 Count 4 - paragraph 19 Count 5 - paragraph 22 Subjective matters - paragraph 27 Sentencing considerations - paragraph 48 Indicative sentences - paragraph 54 SNPP - paragraph 57 ORDERS - paragraph 60

Judgment

The offences 1. The offender MR ("the offender") was charged with five offences the details of which will be set out in the facts below. The offender pleaded not guilty to each charge and after a trial conducted from 28 August 2019 to 6 September 2019 a jury returned verdicts of guilty on all five counts. Four of the charges were pursuant to section 61L of the Crimes Act being the offence of indecent assault. The other (count 2 on the indictment) was a charge under s61I of sexual intercourse without consent and knowing that the complainant was not consenting. In each count the complainant was the same person. 2. The maximum sentence in respect of each of the assault with act of indecency is five years and there is no standard non-parole period. The maximum penalty for sexual intercourse without consent is 14 years with a standard non-parole period of seven years. 3. The offender is also to be dealt with for breaching two s9 bonds operative at the time of the offending.