R v Griffin

[2024] NSWDC 316

District Court

New South Wales

Medium Neutral Citation:

R v Griffin [2024] NSWDC 316

Hearing dates:

21, 28 June 2024

Date of orders:

28 June 2024

Decision date:

28 June 2024

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Aidan Griffin is convicted.

2   I impose a term of imprisonment of 3 years with a non-parole period of 2 years to date from 29 July 2022. The non parole period will expire on 28 July 2024 and the head sentence will expire on 28 July 2025.

3   The offender will be eligible to be released on parole on 28 July 2024.

Catchwords:

CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Olbrich (1999) 199 CLR 270

R v Youkhana [2004] NSWCCA 412

Category:

Sentence

Parties:

Rex (Crown)
Aidan Griffin (Offender)

Representation:

Counsel:
G James AM KC (Offender)

Solicitors:
Director of Public Prosecutions (Crown)
First Choice Legal (Offender)

File Number(s):

2022/189506

Publication restriction:

None

JUDGMENT

1. Aidan Griffin (the offender) appears for sentence after pleading guilty in the Local Court to an offence of sexual intercourse with child aged between 14 and 16 years contrary to s 66C(3) Crimes Act 1900.

2. The maximum penalty for this offence is 10 years imprisonment.

Approach to Sentencing

3. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities:  R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

4. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act.

5. The offender entered a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

6. An Intensive Corrections Order is not an available sentencing option for this offence: s 67 Crimes (Sentencing Procedure) Act 1999.

Facts

7. The parties presented an Agreed Statement of Facts. I have taken the entirety of the document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.

8. The offender is now 28 years of age and was 24 years of age at the time of the offence.

9. The offender and the complainant met through a friend of the complainant in Eddy Avenue near Central Railway Station when she was 14 years old. They were both homeless at the time.

10. The complainant was a drug user. She was injecting ice and had done so for a couple of years. The offender was also a drug user at the time.

11. Approximately one year after they met and after the offender…