R v JK

Case [2021] NSWDC 502


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v JK [2021] NSWDC 502
Hearing dates: 20 April 2021 – 13 May 2021
Decision date: 07 July 2021
Jurisdiction:Criminal
Before: Buscombe DCJ
Decision:

Aggregate sentence imposed one of 22 years imprisonment with a non-parole period of 15 years imprisonment.

Catchwords:

CRIME — Child sex offences — Sexual intercourse with child <10

CRIME — Child sex offences — Sexual intercourse with child <16

CRIME — Child sex offences — Act of indecency with child <10

CRIME — Child sex offences — Indecent assault upon child <16

Legislation Cited:

Crimes Act1900 (NSW) ss 66A(1), 61M(2), 61O(2), 66O(2)

Crimes (Sentencing Procedure) Act 1990 (NSW) ss 3A, 21A, 25AA(3)

Cases Cited:

Carter v R [2018] NSWCCA 138

Category:Sentence
Parties: Director of Public Prosecutions (Crown)
JK (Offender)
Representation:

Counsel:
Ms D Daleo (Crown)
Mr M Dennis SC (Offender)

Solicitors:
Ms K Sarofim (Crown)
Mr S Beal (Offender)
File Number(s): 2017/00024349
Publication restriction: Non-publication order in respect of the names of the victims and the offender

SENTENCE

Introduction

  1. The offender stands to be sentenced having been found guilty after trial of some 13 counts of sexual offending against three young females. Particulars of the counts upon which the jury returned verdicts of guilty are as follows:

  2. In relation to the victim KCW, two counts of having sexual intercourse with a child under ten years of age between 1 January 2010 and 23 June 2013, being counts 1 and 2 on the indictment. Those two offences are offences under s 66A(1) of the Crimes Act. As at the date of the offences the maximum penalty was 25 years imprisonment and there is an applicable standard non-parole of 15 years.

  3. There is also, in relation to this victim, an offence of indecent assault of a child under the age of 16 years, which occurred between 1 January 2010 and 23 June 2013, being count 4 on the indictment. That is an offence under s 61M(2) of the Crimes Act and has a maximum penalty of ten years imprisonment and there is an applicable standard non-parole period of eight years.

  4. In relation to the victim ACW, there is one offence of committing an act of indecency with a child under ten years of age between 16 February 2011 and 23 June 2013, being count 5 on the indictment. That is an offence under s 61O(2) of the Crimes Act. It has a maximum penalty of seven years imprisonment and there is no applicable standard non-parole period.

  5. There are, in relation to this victim, two offences of indecent assault upon a child under the age of 16 years which occurred between 16 February 2011 and 23 June 2013, being counts 7 and 8. Those two offences are offences under s 61M(2) of the Crimes Act and have a maximum penalty of ten years imprisonment with an applicable standard non-parole period of eight years.

  6. In relation to the victim NM, there are six offences…

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Details
AGLC
R v JK [2021] NSWDC 502
Case
[2021] NSWDC 502
Decision Date

CaseChat Overview and Summary

The defendant, JK, was charged with multiple offences related to the sexual abuse of a child, including sexual intercourse, indecent assault, and an act of indecency. The matter was heard in the Supreme Court of Victoria. The court was tasked with determining the appropriate sentence for the defendant's crimes, which involved the sexual abuse of a child over a period of time.

The legal issues before the court included the appropriate sentencing principles to be applied to the crimes committed, the severity of the offences, and the need for the sentence to reflect the gravity of the crimes. The court had to balance the need for punishment with the objectives of rehabilitation and deterrence. The court also considered the impact of the crimes on the victim and the community.

In delivering the judgment, the court emphasised the heinous nature of the offences, noting the significant breach of trust and the long-term impact on the victim. The court found that the offences were of high severity and warranted a substantial sentence. After considering the principles of sentencing and the specific circumstances of the case, the court imposed an aggregate sentence of 22 years imprisonment, with a non-parole period of 15 years. The court made it clear that the sentence was intended to reflect the seriousness of the crimes and to provide protection to the community.

Orders

Orders of the court

Aggregate sentence imposed one of 22 years imprisonment with a non-parole period of 15 years imprisonment.

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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