R v Logan [2020] NSWDC 80

District Court New South Wales

Medium Neutral Citation: R v Logan [2020] NSWDC 80 Hearing dates: 26 February 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: Full-time custodial order to be served by way of aggregate term of imprisonment. For orders see [75] Catchwords: CRIME — Child sex offences — Sexual intercourse with child >14 <16 – Camping trip – Isolation - Child abuse material — Production/Possession – Filming children showering without knowledge SENTENCING — Penalties — Imprisonment – Aggregate Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Abbas & Ors v R [2013] NSWCCA 115 Attorney General's Application (No 1) (2002) 56 NSWLR 146 in Muldrock v The Queen (2011) 244 CLR 120 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 R v Hutchinson [2018] NSWCCA 152 Watts v R [2007] NSWCCA 153 Category: Sentence Parties: Regina (Crown) Stephen Logan (Defendant) Representation: Counsel: Ms Hughes (Crown) Mr Fraser (Defence) File Number(s): 2018/348249 Publication restriction: Non Publication Order on the name of the complainant or any information that may identify her.

Judgment 1. The offender Stephen Logan, born in 1983, is before the court for sentence for two counts of sexual intercourse with a child greater than the age of 14 years but less than the age of 16 years, under authority, contrary to section 66C(4) of the Crimes Act 1900 (sequences 9 and 10) for which the maximum penalty is 12 years and the standard non-parole period is 5 years. The offender is also to be sentenced for possession of child abuse material contrary to section 91H(2) of the Crimes Act 1900 (sequence 12); and produce child abuse material contrary to section 91H(2) of the Crimes Act 1900 (sequence 17), each of which carry a maximum penalty of 10 years and for which there is no standard non-parole period. 2. There are also Form 1 matters which the offender asks me to take into account when sentencing him. There is a charge of aggravated indecent assault contrary to s 61M(2) of the Crimes Act 1900 (sequence 11), which attaches to sequence 9 and production of child abuse material contrary to s 91H(2) of the Crimes Act 1900 (sequence 16) which attaches to sequence 12. 3. I note that the offender has been in custody since 13 November 2018.