R v Lovett

[2024] NSWDC 551

District Court

New South Wales

Medium Neutral Citation:

R v Lovett [2024] NSWDC 551

Hearing dates:

15 November 2024

Date of orders:

18 November 2024

Decision date:

18 November 2024

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

The Offender is sentenced to an aggregated sentence of 9 years imprisonment with a non-parole period of 6 years.

Legislation Cited:

Crimes Act 1900 (NSW) ss 66A(1), 66DA(a), and 66EB(3)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Evidence Act1995 (NSW)

Category:

Sentence

Parties:

NSW Director of Public Prosecutions (Crown)
Peter George Lovett (Offender)

Representation:

Counsel:
Kylie Henry (Crown)
Jason Hale (Offender)

Solicitors:
Brittany Palmer (Crown)
Gosia Wasilewicz (Offender)

File Number(s):

2023/137646

Publication restriction:

Non-publication order in relation to the identity of the victim, the victim’s brother and the victim’s mother.

JUDGMENT

Introduction

1. The offender is to be sentenced having been found guilty by a jury after trial of the following offences: between 15 March 2017 and 31 December 2018 in Barnsley, he engaged in conduct exposing AS to indecent material with the intention of making it easier to procure her, a child under the age of 14 years, for unlawful sexual activity. That is an offence under s 66EB(3) of the Crimes Act 1900 (NSW). That offence has a maximum penalty of 12 years’ imprisonment and there is an applicable standard non-parole period of five years. The offence was count 1 on the indictment.

2. There is a further offence that between 1 January 2019 and 31 December 2020 at Barnsley, the offender had sexual intercourse with AS, a child then under the age of 10 years, namely 6, 7 or 8 years. That is an offence under s 66A(1) of the Crimes Act and there is a maximum penalty of life imprisonment and an applicable standard non-parole period of 15 years. The offence was count 2 on the indictment.

3. Count 3 on the indictment was an offence that between 1 January 2019 and 31 December 2020 at Barnsley, the offender intentionally sexually touched AS, being a child then under the age of 10 years, namely 6, 7 or 8 years. That is an offence under s 66DA(a) of the Crimes Act and has a maximum penalty of 16 years’ imprisonment and there is an applicable standard non-parole period of eight years.

4. The offence in count 4 was an offence that between 1 January 2019 and 31 December 2020 at Barnsley, the offender attempted to intentionally sexually touch AS, being a child under 10 years, namely 6, 7 or 8 years. That offence has the same maximum penalty as count 3.

5. One offence, the particulars of which are that between 4 September 2020 and 3 January 2021 at Bulahdelah, the offender intentionally sexually touched AS, being a child then under the age of 10 years, namely 8 years. That too is an offence under s 66DA(a) of the Crimes Act and has the same maximum penalty as the offences in counts 3 and 4. That offence was count 5 on the indictment.

The Facts

6. These…