R v Andries Dijkstra [2019] NSWDC 776

District Court New South Wales

Medium Neutral Citation: R v Andries Dijkstra [2019] NSWDC 776 Hearing dates: 17 December 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Criminal Before: DCJ Yehia SC Decision: Refer to [47] for full orders. Catchwords: SENTENCING – penalties – community corrections orders – prescribed sexual offences – individualised justice – where sentencing judge's discretion curtailed by legislation – no alternative to full-time custody where s 5 threshold met Legislation Cited: Crimes Act 1900 (NSW), s 61I Cases Cited: Jung v R [2017] NSWCCA 24 Category: Sentence Parties: Andries Dijkstra Director of Public Prosecutions Representation: A Doig (Offender) M Rollestone (Crown) File Number(s): 2018/00111149 Publication restriction: Pursuant to s 578A(2) of the Crimes Act 1900 (NSW), there is to be no publication of any matter which identifies the complainant or may lead to the identification of the complainant.

Judgment 1. The offender is a 70-year-old man who has never before been charged or convicted of a criminal offence. He comes before the Court to be sentenced for one count of sexual intercourse without consent, contrary to s 61I of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of 14 years imprisonment and a standard non-parole period of seven years imprisonment. 2. The offender was committed for trial on 5 June 2018. He pleaded guilty on 17 July 2019. Although not a plea of guilty at the first opportunity, there is some utilitarian value in the plea and I am satisfied that a reduction in sentence by 15 per cent is appropriate. 3. The plea of guilty also reflects remorse. The victim did not have to give evidence in a trial and was not subjected to cross-examination. In addition to the other evidence in the proceedings I am satisfied that the offender has demonstrated significant remorse. I will return to the subject of remorse in due course.