R v Agan [2020] NSWDC 85

District Court New South Wales

Medium Neutral Citation: R v Agan [2020] NSWDC 85 Hearing dates: 13 February 2020 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: An aggregate term of imprisonment of six years, with a non-parole period of three years, 8 months: at [25]. Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Victim has cognitive impairment SENTENCING — Penalties — Imprisonment SENTENCING — Aggravating factors — Substantial harm, injury, loss or damage — Victim impact statement SENTENCING — Mitigating factors — Not part of a planned or organised criminal activity — Plea of guilty — Rehabilitation — Not part of a planned or organised criminal activity SENTENCING — Relevant factors on sentence — Circumstances of offence — Deterrence — Multiple offences — Parole period — Objective seriousness — Purposes of sentencing SENTENCING — Subjective considerations on sentence — Hardship — Drug addiction — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomas [2007] NSWCCA 269 Panchal v R; R v Panchal [2014] NSWCCA 275 Tindall v R [2019] NSWCCA 136 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)

Soloman Agan (Offender) Representation: Mr Keay (Crown Prosecutor)

Mr Winch (Counsel for the offender) File Number(s): 2018/98525 Publication restriction: STATUTORY NON PUBLICATION APPLIESSection 578A Crimes Act 1900 (any matter that may identify the complainant(s))