R v Lovas

[2024] NSWDC 44

District Court

New South Wales

Medium Neutral Citation:

R v Lovas [2024] NSWDC 44

Hearing dates:

23 February 2024

Date of orders:

29 February 2024

Decision date:

29 February 2024

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Scott Lovas is convicted.

2   I impose an aggregate sentence of 3 years with a non-parole period of 18 months to date from 20 September 2022. The non-parole period will expire on 19 March 2024 and the head sentence will expire on 19 September 2025.

3   The offender is to be released on parole on 19 March 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

Category:

Sentence

Parties:

Rex (Crown)
Scott Lovas (Offender)

Representation:

Counsel:
A Norrie (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Ross Hill & Associates (Offender)

File Number(s):

2019/228027

Publication restriction:

None

Judgment

1. Scott Lovas (the offender) appears for sentence after pleading guilty in the Local Court to four counts of sexual assault of a child between 10 and 16 years contrary to s 66C(3) Crimes Act 1900.

2. The maximum penalty for each 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.

Facts

6. 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.

7. The complainant was 14 years of age at the time of the offences.

8. Between about April 2018 and September 2018 the offender was in a relationship with the complainant’s half-sister, KM. The offender resided with KM and her mother KI, in Victoria, from about May 2018 until about October 2018.

9. In late October 2018 the offender accompanied KI on a trip to Queensland to help her retrieve some furniture from storage in Rockhampton. In the course of that trip the offender and KI stayed over for two nights at the home of RM and her family in Ashley, New South Wales. When the offender first met RM he was told that she was 14 years of age.

10. Between about October 2018…