R v DN

[2019] NSWDC 536

District Court

New South Wales

Medium Neutral Citation:

R v DN [2019] NSWDC 536

Hearing dates:

19 July 2019

Date of orders:

19 July 2019

Decision date:

19 July 2019

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

I do not convict the young person in accordance with s 14 as identified by the Crown. The young person is placed on a community corrections order for three years. The community corrections order is subject to the following conditions:

1. The young person must not commit any offence;

2. The young person must appear before a Court if called upon;

3. The young person must submit to supervision by Juvenile Justice;

4. The young person must comply with the lawful directions of Karen Charlton-Owen, senior psychologist, Family and Community Services, or her nominee. It includes satisfactorily completing programs as directed by her or her nominee;

5. The young person must report to the Juvenile Justice at Bega within seven days.

In accordance with the Child Protection (Offenders Registration) Act 2000, and having taken matters into consideration in that Act, I declare that the young person is a non-registrable person pursuant to that Act

Catchwords:

CRIME — Child sex offences — Sexual intercourse with child <10
SENTENCING — Juvenile offenders — Community Corrections Order

Legislation Cited:

Child Protection (Offenders Registration) Act 2000
Children (Community Service Orders) Act 1987
Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Young Offenders Act 1997

Cases Cited:

KT v R [2008] 182 A Crim R 571
MS2 and Ors v R [2005] NSWCCA 397
Markarian v R [2005] HCA 25; 215 ALR 213.
Paul Campbell v R [2018] NSWCCA 87
R v Ellis (1986) 6 NSWLR 603
R v GDP [2008] NSWCCA 51
R v SDM (2001) 51 NSWLR 530
RP v R [2015] NSWCCA 215
Slade v R [2005] NZCA 19
Yardley v Betts 1 A Crim R 329
R v Elliott and Blessington [2006] NSWCCA 305
R v Voss [2003] NSWCCA 182

Category:

Sentence

Parties:

Regina (Crown)
DN (Offender)

Representation:

Counsel:
M Fox (Crown)
P Williams (Offender)

  Solicitors:
Solicitor for Public Prosecutions (Crown)
Jennifer Chalker Lawyers (Offender)

File Number(s):

2017/00386362

Publication restriction:

Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 New South Wales there is to be no publication of any material capable of identifying either the young person or his two victims.

Judgment

INTRODUCTION

1. The young person was committed for trial from the Bega Children’s Court on 22 August 2018. On 29 April 2019 at the Bega District Court a voir dire commenced into the admissibility of various admissions made by the young person as well as the admissibility of tendency evidence and joint trials. Those applications were largely successful. Originally the young person was arraigned on an eight count indictment, alleging eight counts of sexual intercourse with a child under the age of ten years.

2. In light of my rulings the matter was stood down and discussions took place between the parties. On 3…