R v Osborne

[2025] NSWDC 118

District Court

New South Wales

Medium Neutral Citation:

R v Osborne [2025] NSWDC 118

Hearing dates:

19/2/25

Date of orders:

19/2/25

Decision date:

19 February 2025

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Re Seq 1 Sexual intercourse with child under 10 - Convicted and sentenced to a term of imprisonment of 5 years 9 months with a NPP of 3 years 6 months (27/12/23-26/6/27).

I find special circumstances.

A 25 percent discount has been taken into account.

I make a Final Apprehended Domestic Violence Order in the same terms as the Interim ADVO made on 7 March 2024.

Catchwords:

Crime – Sentence – Sexual intercourse with child under 10 years

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v R (2013) 249 CLR 571

DPP (Cth) v De La Rosa [2010] NSWCCA 194

R v Gavel [2014] NSWCCA 56

R v Millwood [2012] NSWCCA 2

Category:

Sentence

Parties:

NSW DPP – Crown
Timothy Osborne - Offender

Representation:

Ms S Edin for Crown
Mr P Cranney for Offender

File Number(s):

23/468780

Publication restriction:

Statutory non-publication order in relation to the identity of the victim.

remarks on sentence

1. Timothy Osborne has committed a serious offence for which he must be sentenced today. The offence before the Court is one of sexual intercourse with a child under the age of ten years. That offence carries a maximum penalty of life imprisonment and furthermore a standard non-parole period of 15 years is specified. The maximum penalty and the standard non‑parole period are important guideposts in the sentencing exercise to which I have had regard.

2. He has pleaded guilty to the offence and therefore will be given a 25% discount on account of the utilitarian value of that plea of guilty as is required by the legislation.

FACTS

3. The facts of the offence are agreed and are, in essence, as follows. The offender was the de facto stepfather of the victim, who was seven years of age at the time of the offence. On 27 December 2023 the offender was in an intimate relationship with the mother of the victim and had been so for about 18 months. At that time they also had a two month old son, the victim being the daughter of the mother from a previous relationship.

4. Between about 2 and 3pm on Wednesday 27 December the victim and the offender were playing in the victim’s bedroom while the mother of the victim was breastfeeding the male child in a bedroom opposite. At about 3.15pm the victim came to her mother, upset and crying. She told her mother that she and the offender had been playing “boyfriend and girlfriend”. The mother asked the victim what the game “boyfriend and girlfriend” involved and the victim told her that she and the offender were pretending to be “boyfriend and girlfriend in Bali”, which involved them holding hands and kissing. The victim said to her mother that the offender had kissed her on the lips before licking her, and she then…