R v JD

[2011] NSWDC 256

District Court

New South Wales

Medium Neutral Citation:	R v JD [2011] NSWDC 256
Hearing dates:	12 December 2011
Decision date:	21 December 2011
Before:	Letherbarrow SC DCJ
Decision:	Sentenced to a total term of imprisonment of six years and an effective nonparole period of four years
Catchwords:	CRIME - Sentencing - agrravated indecent assault - aggravated sexual intercourse without consent - hardship - health of parents - whether exceptional circumstances - prior good character of little relevance in matters involving sexual offences against children - regard to sentencing patterns at time of offences
Legislation Cited:	Crimes Act 1900, s61M(2), s61J(1) Crimes (Sentencing Procedure) Act 1999, s44(2)
Cases Cited:	R v Edwards (1996) A Crim R 510 R v Hart [1999] NSWCA 2004 R v Alla [2004] NSWCCA 378 R v Wood [2005] NSWCCA 233 R v Lo, R v Ouang [2004] NSWCCA 382 R v Capper [2000] NSWCCA 63 R v Tobias [2001] NSWCCA 522 Le v R [2006] NSWCCA 136 R v Rhule unreported, 25 July 1995 NSWCCA R v Muldoon unreported, 13 December 1990, NSWCCA R v H (1983) 3 A Crim R 53 R v JCW [2000] NSWCCA 209 MJL v R [2007] NSWCCA 261 R v MJR (2002) 54 NSWLR 368 R v Moon (2000) 117 A Crim R 497 at 511 Fisher v R (1989) 40 A Crim R 442 Georgopolous v R [2010] NSWCCA 246 Sivill v R [2009] NSWCCA 286 Khoury v R [2011] NSWCCA 118 Markarian v R (2005) 228 CLR 357 Pearce v R (1998) 194 CLR 610 Bonwick v R [2010] NSWCCA 177
Category:	Sentence
Parties:	Director of Public Prosecutions - Crown JD - Offender
Representation:	Director of Public Prosecutions Higgins Director of Public Prosecutions Nikola Velcic & Associates
File Number(s):	2010/392776
Publication restriction:	Non-publication order as to names of complainant and accused

Judgment

1. HIS HONOUR: On 1 November 2010 the offender was found guilty at his trial before a jury on all four counts in the indictment. All such counts relate to offences committed against his daughter, the complainant, between January 2002 and May 2006 when she was aged between five and ten years and the offender was aged between forty-one and forty-six years.

1. The first, second and fourth counts are offences of aggravated indecent assault and fall under s 61M(2) of the Crimes Act, 1900, for which the maximum penalty is imprisonment for ten years. It is agreed that there is no standard nonparole period relating to any of these offences, as whilst they were introduced during the relevant period averred to in the indictment, the evidence does not establish when during such periods the offences were committed.

1. The circumstance of aggravation for counts 1 and 2 was that the complainant was under ten years of age at the time, namely five or six years. The circumstance of aggravation for count 4 was the complainant was under ten years at the time, namely seven, eight or nine years.

1. The third count is a offence of aggravated sexual…