R v Carleton

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Carleton [2019] NSWDC 862
Hearing dates:	23/9/19-1/10/19
Date of orders:	29 November 2019
Decision date:	29 November 2019
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Aggregate sentence of imprisonment of nine years with a non-parole period of five years five months
Catchwords:	Crime – Sentencing – Aggravated indecent assault under 16 – sexual intercourse 10-14 – sexual intercourse 14-16
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Daniel Warren Carleton (Offender)
Representation:	Counsel: Ms J Krippner for Crown Mr T Healey for Offender   Solicitors:
File Number(s):	2016/353696
Publication restriction:	Non-publication of complainant

sentence

1. Mr Daniel Carleton is today to be sentenced for the following offences: three counts of aggravated indecent assault of a person aged under 16 years, the maximum penalty for those offences being ten years with a standard non parole period of eight years, those being counts 1, 3 and 4 on the indictment. Also five counts of sexual intercourse with a person under the age of 14 years but above the age of ten, the maximum penalty for which is 16 years with a standard non parole period of seven years, those being counts 2, 5, 6, 7 and 9 of the indictment. Also one count of sexual intercourse with a person under the age of 16 years but above 14 years of age, that being count 12, in relation to which the maximum penalty is ten years. There is no standard non parole period with respect to that offence.

2. The offender was found guilty after a trial which proceeded over seven days in the Newcastle District Court between 23 September and 1 October 2019. In sentencing him I am required to make my own determination as to the facts of the offences which must be consistent with the verdicts given by the jury. It is also necessary for me to assess the objective seriousness of the offences and to identify any aggravating or mitigating circumstances. Matters in aggravation must of course be proved beyond reasonable doubt, whereas matters in mitigation need only be proved on the balance of probabilities.

3. I make the following factual findings: the victim was born in October 2002 and resided with her mother in a suburb of Newcastle. The offender was born in May 1995. In about 2013 he ran a business and it was through that business that he met the victim and her mother in late 2014. The offender commenced a relationship with the victim's mother and in early 2015 they jointly leased a home in Glendale where, along with the victim, they lived as a family. At that time the victim was in year 7 at high school and was turning 13 in October. The victim's natural parents had separated some years earlier and she had continued to live with her mother. The victim had not enjoyed a close relationship with her natural father for some years and as a…