R v Walkerden [2019] NSWDC 881

District Court New South Wales

Medium Neutral Citation: R v Walkerden [2019] NSWDC 881 Hearing dates: 7 November 2019 Decision date: 07 November 2019 Jurisdiction: Criminal Before: Haesler DC DCJ Decision: Aggregate sentence of 3 years with a non parole period of 1 year 6 months Catchwords: SENTENCING - Indecent assault of a child - sexual intercourse with a child – multiple victims

SENTENCING - Relevant factors on sentence – child victims - victim impact – old offences - applicable maximum penalties - application of principle - intellectually disabled offender - no other offending. Legislation Cited: Children (Criminal Proceedings) Act Crimes Act Crimes (Sentencing Procedure) Act 1999 Cases Cited: AJB v R (2007) 169 A Crim R 32 Cahyadi v R [2007] NSWCCA 1 (2007); 168 A Crim R 41 Kutchera v R [2007] NSWCCA 121 Markarian v The Queen [2005] HCA 5; (2005) 228 CLR 357 MJR v R (2002) 54 NSWLR 368 Postiglione v The Queen (1997) 189 CLR 295 Wright v R [2008] NSWCCA 91 Category: Sentence Parties: Michael Walkerden (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender) Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions

Solicitors: Legal Aid NSW (for the offender) File Number(s): 2018/00082942 Publication restriction: Pseudonyms have been used in this judgment for the names the child victims. Pursuant to s15A Children (Criminal Proceedings) Act 1987 & s578A Crimes Act 1900, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute.