R v Collins

[2023] NSWDC 599

District Court

New South Wales

Medium Neutral Citation:

R v Collins [2023] NSWDC 599

Date of orders:

13 October 2023

Decision date:

13 October 2023

Jurisdiction:

Criminal

Before:

Beckett DCJ

Decision:

Impose an aggregate sentence of 30 months, with a non-parole period of 15 months. The sentence commences on 12 October 2023 and expires on 11 April 2026. The non-parole period expires on 11 January 2025.

Catchwords:

CRIME — Child sex offences — Sexual intercourse with child >14; Teacher; Coach; Suppressed Sexuality; Moral Culpability; Heteronormative Society

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW) s 25AA; s 21A(2); s 21A(3); s 21A(5A)

Crimes Act 1900 (NSW) s (3A); s 61M(1); s 61M(2); s 66C(3)

Cases Cited:

Blackett v R [2012] NSWCCA 201

FB v R [2011] NSWCCA 217

Hogan v R [2008] NSWCCA 150

Muldrock v R [2011] HCA 39

Nelson v R [2016] NSWCCA 130

Pannowitz v R [2016] NSWCCA 13

R v MJR (2002) 54 NSWLR 368

R v Palu [2002] NSWCCA 381

R v Wong (2001) 207 CLR 584

R v Zerafa [2013] NSWCCA 222

Savvas v The Queen (1995) 183 CLR 1

Wakeling v R [2016] NSWCCA 33

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)

Sarah Elizabeth Collins (Offender)

Representation:

Counsel:
Mr Marney (Crown)
Mr Randall (Offender)

File Number(s):

2021/275405

Publication restriction:

Statutory non-publication order regarding the name of the victim

SENTENCE

Introduction

1. The offender, Ms Sarah Collins comes before the Court for sentence following jury trial in respect of findings of guilt entered on 20 March 2023 at Penrith District Court in respect of 17 counts concerning sexual acts committed against a single complainant, referred to in these proceedings by the initials “AW”. Ms Collins was acquitted on a further two counts.

2. The 17 offences in which findings of guilty were entered, concern the following matters:

1. A single offence of aggravated indecent assault, the victim being under the age of 16 years in contravention of s 61M(1) of the Crimes Act 1900 (NSW) (“Crimes Act”). Maximum penalty, seven years, standard non parole period five years.

2. Six offences of indecent assault, the victim being under 16 years in contravention of s 61M(2) Crimes Act. Maximum penalty, 10 years, standard non parole period, eight years.

3. Ten offences of sexual intercourse with person over the age of 14 years and under 16 years in contravention of s 66C(3) Crimes Act. Maximum penalty, 10 years.

3. The offender has spent a single day in custody to date.

4. The offences took place over a 12-month period between October 2008 and October 2009 prior to AW turning 16 years of age. Ms Collins was arrested for the offences on 27 September 2021.

5. The imposition of sentence has been delayed, having proceeded to sentence hearing initially on 30 June 2023, to allow the offender to undertake a surgical procedure whilst still at liberty.

Facts

6. The facts are to be gleaned from the evidence adduced during the trial. The parties did not provide me with an agreed set of…