R v Dhankhar - [2025] NSWDC 42

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Dhankhar [2025] NSWDC 42
Hearing dates: 17 November 2023
30 August 2024
Date of orders: 7 March 2025
Decision date: 07 March 2025
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Indicative sentences – 39 counts - see attached Schedule.
Aggregate sentence:
The aggregate sentence is a sentence of 30 years’ non-parole with a balance of term of 10 years. The sentence commences on 13 April 2024 and the 30 years’ non-parole expires on 12 April 2054. The parole period commences on 13 April 2054 and expires on 12 April 2064.

Catchwords:
CRIME – Sentencing – administer intoxicating substance to enable offender to have sexual intercourse without consent (6 counts) – sexual intercourse without consent (13 counts) – indecent assault (3 counts) – intentionally recording intimate images without consent (17 counts) – 39 counts in respect of 5 victims over a period of 9 months – objective seriousness of offences – premeditated, elaborately executed, manipulative and highly predatory, displaying callous disregard for victims or the impact on his own family - sophisticated, researched, planned, orchestrated and recorded course of offending – “an egregious sequence of planned predatory conduct against young and vulnerable women over a significant period” - subjective matters

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Evidence Act 1995

Cases Cited:
Bravo v R [2015] NSWCCA 302
Bugmy v The Queen [2013] HCA 37
GW v R [2018] NSWCCA 79
Muldrock v The Queen [2011] HCA 39
Pearce v The Queen [1998] 194 CLR 610
R v TA [2003] NSWCCA 191
Cahyadi v R [2007] NSWCCA 1

Category: Sentence
Parties: Rex
Dhankhar, Balesh
Representation:
Counsel:
Crown: Ms K Nightingale ODPP
Defence: Ms R Mitchell
Solicitors:
Crown: Ms M Tracy - ODPP
Defence: Ms R Dabliz - Nyman Gibson Miralis

File Number(s): 2018/00323697
Publication restriction: NPO in respect of the names of each of the complainants and anything that might tend to identify them.

JUDGMENT

Balesh Dhankhar appears for sentence in respect of 39 counts contrary to provisions of the Crimes Act 1900, in respect of which a jury found him guilty after trial commencing on 27 February 2023 and concluding on 24 April 2023. Pre-trial arguments commenced on 13 February 2023. All the offences occurred over 6 separate occasions between 25 January 2018 and 21 October 2018 in respect of five separate victims (JL1 – 22 years old, SC – 27 years old, YL – 26 years old, HI – 24 years old and JL2 – 21 years old). Each of the five victims was a young South Korean female present in Australia on a work/holiday/student visa.
The progress of the matter from conclusion of the trial on 24 April 2023 to sentence has been protracted. The matter was listed for mention to obtain a sentence date or for sentence on 12 May 2023, 29 September 2023, 17 November 2023, 24 November 2023, 5 April 2024, 3 May 2024, 14 June 2024, and 30…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dhankhar

Details

AGLC: R v Dhankhar [2025] NSWDC 42
Case: [2025] NSWDC 42
Decision Date: 07 March 2025

CaseChat Overview and Summary

In the case of R v Dhankhar, the defendant faced 39 charges relating to five victims over a period of nine months. These charges included administering intoxicating substances to enable sexual intercourse without consent, sexual intercourse without consent, indecent assault, and intentionally recording intimate images without consent. The case was heard in the Supreme Court of the relevant jurisdiction.

The legal issues the court was required to decide included the objective seriousness of the offences, the premeditated and manipulative nature of the crimes, and the defendant's callous disregard for the victims and the impact on his own family. The court also considered the sophisticated, researched, planned, and orchestrated course of offending, which was described as an egregious sequence of predatory conduct against young and vulnerable women over a significant period. Subjective matters were also taken into account in determining the appropriate sentence.

The court found that the objective seriousness of the offences was high, given the premeditated, elaborately executed, manipulative, and highly predatory nature of the crimes. The defendant's callous disregard for the victims and the impact on his own family further aggravated the seriousness of the offences. The court also considered the sophisticated, researched, planned, orchestrated, and recorded course of offending, which demonstrated a high level of criminal intent and a significant breach of trust. The subjective matters, including the defendant's background and character, were also taken into account in determining the appropriate sentence.

The court imposed an aggregate sentence of 30 years’ non-parole with a balance of term of 10 years. The sentence commences on 13 April 2024 and the 30 years’ non-parole expires on 12 April 2054. The parole period commences on 13 April 2054 and expires on 12 April 2064. The indicative sentences for each of the 39 counts are set out in the attached Schedule.

Orders

Orders of the court

Indicative sentences – 39 counts - see attached Schedule.

Aggregate sentence:

The aggregate sentence is a sentence of 30 years’ non-parole with a balance of term of 10 years. The sentence commences on 13 April 2024 and the 30 years’ non-parole expires on 12 April 2054. The parole period commences on 13 April 2054 and expires on 12 April 2064.

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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Medium Neutral Citation:	R v Dhankhar [2025] NSWDC 42
Hearing dates:	17 November 2023 30 August 2024
Date of orders:	7 March 2025
Decision date:	07 March 2025
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Indicative sentences – 39 counts - see attached Schedule. Aggregate sentence: The aggregate sentence is a sentence of 30 years’ non-parole with a balance of term of 10 years. The sentence commences on 13 April 2024 and the 30 years’ non-parole expires on 12 April 2054. The parole period commences on 13 April 2054 and expires on 12 April 2064.
Catchwords:	CRIME – Sentencing – administer intoxicating substance to enable offender to have sexual intercourse without consent (6 counts) – sexual intercourse without consent (13 counts) – indecent assault (3 counts) – intentionally recording intimate images without consent (17 counts) – 39 counts in respect of 5 victims over a period of 9 months – objective seriousness of offences – premeditated, elaborately executed, manipulative and highly predatory, displaying callous disregard for victims or the impact on his own family - sophisticated, researched, planned, orchestrated and recorded course of offending – “an egregious sequence of planned predatory conduct against young and vulnerable women over a significant period” - subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995
Cases Cited:	Bravo v R [2015] NSWCCA 302 Bugmy v The Queen [2013] HCA 37 GW v R [2018] NSWCCA 79 Muldrock v The Queen [2011] HCA 39 Pearce v The Queen [1998] 194 CLR 610 R v TA [2003] NSWCCA 191 Cahyadi v R [2007] NSWCCA 1
Category:	Sentence
Parties:	Rex Dhankhar, Balesh
Representation:	Counsel: Crown: Ms K Nightingale ODPP Defence: Ms R Mitchell Solicitors: Crown: Ms M Tracy - ODPP Defence: Ms R Dabliz - Nyman Gibson Miralis
File Number(s):	2018/00323697
Publication restriction:	NPO in respect of the names of each of the complainants and anything that might tend to identify them.