District Court
New South Wales
Medium Neutral Citation: R v BL [2025] NSWDC 315 Hearing dates: 4 June 2025 Date of orders: 8 August 2025 Decision date: 08 August 2025 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: 71 I make the following orders:
(1) The offender is convicted of the offences.
(2) The indicative sentences are set out above.
(3) The offender is sentenced to an aggregate term of imprisonment of 6 years commencing 2 June 2025 and expiring 1 June 2031.
(4) I impose non-parole period of 3 years 8 months to expire 1 February 2029. The earliest date the offender is eligible for release is 1 February 2029.
Catchwords: CRIME — SENTENCING — sentence following guilty verdict — child sex offences — sexual intercourse with child <10 — attempt sexual intercourse with child < 10 — indecent assault child < 16 — intentionally sexually touch child < 10 years
SENTENCING — subjective considerations on sentence — special circumstances — mental health — onerous bail conditions
Legislation Cited: Crimes Act 1900 (NSW), ss 66(1), 66C(2)
Crime (Sentencing Procedure) Act 1999 (NSW) ss 21A, 54A
Cases Cited: R v Olbrich (1999) 199 CLR 270
R v Storey [1998] 1 VR 359
Category: Sentence Parties: Rex, BL Representation: Counsel:
Solicitors:
R Suters (Offender)
K MacKenzie (Crown)
Legal Aid (Offender)
Solicitor for Public Prosecution (NSW) (Crown)
File Number(s): 2023/00190171 Publication restriction: Pursuant to Section 15A of the Children (Criminal Proceedings) Act 1987 there is to be no publication of names, information, material or evidence that identifies or is likely to lead to the identification of any child or witness involved in these proceedings.
A non-publication order is in place in relation to the defendant’s name.
JUDGMENT
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The offender is to be sentenced with respect four child sex offences following a trial and guilty verdicts. The offences were committed against his nephew EL when he was aged between 6 and 11 years of age. The offender was found not guilty on a separate offence.
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The trial indictment verdicts of guilty were for the following offences:
Count 1 – Indecent assault person under 16 years of age (DV) contrary to s 61M(2) of the Crimes Act 1900. This offence carries a maximum penalty of 10 years imprisonment with a standard non-parole period of 8 years.
Count 2 – Intentionally sexually touch child under 10 years (DV) contrary to s 66DA(a) of the Crimes Act 1900. This offence carries a maximum penalty of 16 years imprisonment with a standard non-parole period of 8 years.
Count 3 – Sexual intercourse with a child under the age of 10 years (DV) contrary to s 66A(1) of the Crimes Act 1900. This offence carries a maximum penalty of life imprisonment with a standard non-parole period of 15 years.
Count 4 – Attempt to have sexual intercourse with a child under 10 years (DV) contrary to s 66B of the Crimes Act 1900. This offence carries a maximum penalty of 25 years imprisonment with a standard…
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- AGLC
- R v BL [2025] NSWDC 315
- Case
- [2025] NSWDC 315
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining an appropriate sentence, taking into account the severity of the offences and the impact on the victim. Additionally, the court had to weigh subjective considerations such as the offender's mental health and the onerous conditions of bail. The legal principles guiding the court's decision included the need to ensure justice for the victim, deterrence, and the rehabilitation of the offender. The court had to balance these factors to arrive at a sentence that was both fair and effective.
In its judgment, the court emphasised the heinous nature of the crimes and the profound impact on the victim. It acknowledged the offender's mental health issues but concluded that they did not significantly mitigate the severity of the offences. The court set an indicative sentence and imposed an aggregate term of imprisonment of six years, with a non-parole period of three years and eight months. This sentence aimed to provide adequate punishment, deterrence, and an opportunity for the offender to reflect on and potentially rehabilitate from their actions. The court's decision reflected a comprehensive consideration of the legal and factual circumstances, ensuring a balanced and just outcome.
The final orders included a conviction on the offences, the setting of an indicative sentence, and the imposition of a specific term of imprisonment. The non-parole period was also clearly defined, ensuring the offender's eligibility for release was transparent. This detailed sentencing order aimed to provide clarity and finality to the case, ensuring all legal requirements were met.
Orders
Orders of the court
71 I make the following orders:
(1) The offender is convicted of the offences.
(2) The indicative sentences are set out above.
(3) The offender is sentenced to an aggregate term of imprisonment of 6 years commencing 2 June 2025 and expiring 1 June 2031.
(4) I impose non-parole period of 3 years 8 months to expire 1 February 2029. The earliest date the offender is eligible for release is 1 February 2029.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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