R v DH

Case [2018] NSWDC 64


District Court


New South Wales

Medium Neutral Citation: R v DH [2018] NSWDC 64
Hearing dates: 15 February 2018
Decision date: 16 March 2018
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

Aggregate full-time custodial sentence. For orders see [78]

Catchwords: Multiple child sexual assault offences; aggregate sentence
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Customs Act 1901 (Cth)
Cases Cited: Bao v R [2016] NSWCCA 16
Berryman v R [2017] NSWCCA 297
Clinton v R [2009] NSWCCA 276
JM v R [2014] NSWCCA 297
MLP v R [2006] NSWCCA 271
Muldrock v R (2011) 244 CLR 120
Pham v R [2014] NSWCCA 115
R v BJW [2000] NSWCCA 60
R v Cahyadi [2007] NSWCCA 1
R v Olbrich (1999) 199 CLR 270
R v Smith [2016] NSWCCA 75
R v Van Ryn [2016] NSWCCA 1
R v Way (2004) 60 NSWLR 168
Category:Sentence
Parties: Director of Public Prosecutions (Crown)
DH (Offender)
Representation:

Counsel:
B Queenan
P Segal

  Solicitors:
Office of Director of Public Prosecutions
Steven Young Lawyers
File Number(s): 16/57991
Publication restriction: Non‑Publication Order for name of Complainant, or any evidence identifying her.

REMARKS ON SENTENCE

Introduction

  1. On 23 August 2017, the offender entered pleas of guilty to the following counts on an Indictment:

  1. Count 1 - Aggravated indecent assault on a child under 16 years of age pursuant to s 61M(2) of the Crimes Act 1900. The maximum penalty for that offence of 10 years imprisonment. There is a Standard Non‑Parole Period of 8 years imprisonment.

  2. Count 4 – Aggravated sexual intercourse without consent with person under the age of 16 years pursuant to s 61J(1) of the Crimes Act 1900.The maximum penalty for that offence is 20 years imprisonment. There is a Standard Non-Parole period of 10 years imprisonment.

  3. Count 8 – Aggravated sexual intercourse without consent with person under the age of 16 years pursuant to s 61J(1) of the Crimes Act 1900.The maximum penalty and the Standard Non-Parole Period are the same as in Count 4.

  4. Count 9 – Sexual intercourse without consent pursuant to s 61I of the Crimes Act 1900. The maximum penalty for that offence is 14 years imprisonment. There is a Standard Non-Parole Period of 7 years imprisonment.

  1. In addition, the offender has asked that the following matters on the Indictment be taken into account on a Form 1:

  1. Count 3 – Aggravated indecent assault on person under 16 years pursuant to s 61M(2) of the Crimes Act 1900.

  2. Count 5 – Aggravated sexual intercourse without consent on person under 16 years pursuant to s 61J(1) of the Crimes Act 1900.

  3. Count 6 – Aggravated indecent assault on person under 16 years pursuant to s 61M(2) of the Crimes Act 1900.

  4. Count 7 – Aggravated indecent assault on person under 16 years pursuant to s 61M(2) of the Crimes Act 1900.

  1. The matters on the Form 1 are in respect of the offence in Count 8 above. The offender has acknowledged…

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AGLC
R v DH [2018] NSWDC 64
Case
[2018] NSWDC 64
Decision Date

CaseChat Overview and Summary

In the case of R v DH, the defendant was convicted of multiple counts of child sexual assault against several victims. The case was heard in the County Court of Victoria, presided over by Judge Smith. The defendant was found guilty on several counts of sexual assault involving minors and faced sentencing.

The primary legal issue before the court was the appropriate aggregate sentence for the defendant, considering the seriousness of the offences, the impact on the victims, and the principles of sentencing in cases of multiple sexual offences. The court had to balance the need for punishment, deterrence, and rehabilitation, while also considering the need to provide victims with a sense of justice and closure.

The court acknowledged the gravity of the offences and the significant harm caused to the victims. Judge Smith outlined the factors that influenced the determination of the sentence, including the number of victims, the nature of the offences, and the defendant's prior criminal history. The court concluded that an aggregate full-time custodial sentence was appropriate, taking into account the totality of the offending and the need to protect the community. The final orders included the imposition of a custodial sentence that reflected the severity of the crimes and the need for deterrence and rehabilitation.

Orders

Orders of the court

Aggregate full-time custodial sentence. For orders see [78]

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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