R v DD

Case [2023] NSWDC 19


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v DD [2023] NSWDC 19
Hearing dates: 28 October 2022
Date of orders: 24 February 2023
Decision date: 24 February 2023
Jurisdiction:Criminal
Before: KING SC DCJ
Decision:

The offender is sentenced to a term of imprisonment commencing on 6 May 2021 with a non-parole period of 21 years and a balance of term of 7 years.

The offender will first be eligible for parole on completion of the non-parole period – 5 May 2042.

The balance of term of 7 years will expire on 5 May 2049.

Catchwords:

CRIMINAL – sentence – multiple child sexual assault offences towards his 3 step-children - adult maintain unlawful relationship with child - Indecent assault person under 16 years of age – aggravated sexual intercourse person >=14 & <16 yrs - incite aggravated indecency, victim <16 & under authority of offender - do act etc intending to pervert the course of justice – general principles – objective seriousness – mitigating factors – totality - subjective matters - other relevant matters – aggregate sentence

Legislation Cited:

Crimes Act 1900

Crimes (Administration of Sentences) Act 1999 (NSW)

Crimes (Administration of Sentences) Regulation 2014 (NSW)

Crimes (Domestic and Personal Violence) Act 2007

Crimes (High Risk Offenders) Act 2006

Crimes (Sentencing Procedure) Act 1999

Criminal Procedure Act 1986.

Cases Cited:

AB v R [2014] NSWCCA 31

AB v The Queen (1999) 198 CLR 111

Alvares & Farache [2011] NSWCCA 33

Athos v R [2013] NSWCCA 205

Beavis v R [2018] NSWCCA 248

Bravo v R [2015] NSWCCA 302

BT v R [210] NSWCCA 267

Burr v R [2020] NSWCCA 282

Cahyadi v R [2007] NSWCCA 1

Chamseddine v R [2017] NSWCCA 176

Cherry v R [2017] NSWCCA 150

Collier v R [2012] NSWCCA 213

Corby v R [2010] NSWCCA 146

Davis v R [2018] NSWCCA 67

Dousha v R [2008] NSWCCA 263

Dunn v R [2007] NSWCCA 312

Elias v The Queen (2013) 248 CLR 483

GP (a pseudonym) v The Queen [2021] NSWCCA 180

Harrington v R [2005] NSWCCA 449

Hoskins v R [2016] NSWCCA 157

Ibbs v The Queen (1987) 163 CLR 447

Jonson v R [2016] NSWCCA 286

Kennedy v R (2008) 181 A Crim R

Marinells v R [2006] NSWCCA 307

Markarian v The Queen (2005) 228 CLR 357

MLP v R [2006] NSWCCA 271

MRW v R [2011] NSWCCA 260.

Naveed v R [2019] NSWCCA 149

Pearce v The Queen (1989) 194 CLR 610

PWB v R [2011] NSWCCA 84

R v AA [2017] NSWCCA 84

R v AGR (unrep, 24/7/98, NSWCCA

R v Bavadra (2000) 115 A Crim R 152

R v BJW (2000) 112 A Crim R 1

R v Butters [2010] NSWCCA 1

R v Cramp [2004] NSWCCA 264

R v Cunningham [2006] NSWCCA 176

R v Daley [2010] NSWCCA 223

R v Dent (unrep, NSWCCA, 14/3/1991

R v Dodd (1991) 57 A Crim R 349

R v Fidow [2004] NSWCCA 172

R v Fisher (1989)…

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Details
AGLC
R v DD [2023] NSWDC 19
Case
[2023] NSWDC 19
Decision Date

CaseChat Overview and Summary

The case of R v DD dealt with the sentencing of an offender who had been convicted of multiple offences of child sexual assault against his three step-children. The incidents occurred over a period of years, and the offender had also maintained an unlawful relationship with one of the victims. The offender was found guilty of several charges, including aggravated sexual intercourse with a person aged between 14 and 16 years, indecent assault of a person under 16 years of age, and inciting aggravated indecency with a victim.

The legal issues before the court included the appropriate sentence for such serious and multiple offences against vulnerable victims, the offender’s culpability and the need for general and specific deterrence, and the potential for rehabilitation. The court was also required to consider the impact of the crimes on the victims and the need to balance these considerations against the offender's prospects for rehabilitation and the principle of proportionality.

The court examined the severity and nature of the crimes, the vulnerability of the victims, and the long-term impact on them. It noted the offender's previous convictions and the need to protect the community. After considering these factors, the court imposed a term of imprisonment with a non-parole period of 21 years, reflecting the gravity of the offences. The offender will be eligible for parole on 5 May 2042, and the balance of the sentence will expire on 5 May 2049.

Orders

Orders of the court

The offender is sentenced to a term of imprisonment commencing on 6 May 2021 with a non-parole period of 21 years and a balance of term of 7 years.

The offender will first be eligible for parole on completion of the non-parole period – 5 May 2042.

The balance of term of 7 years will expire on 5 May 2049.

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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