R v SD

[2021] NSWDC 90

District Court

New South Wales

Medium Neutral Citation:

R v SD [2021] NSWDC 90

Hearing dates:

19 February 2021

Date of orders:

19 February 2021

Decision date:

19 February 2021

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Sentence imposed to be served by way of Community Corrections Order for a period of 2 years and 10 months.

Catchwords:

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

Legislation Cited:

Crimes Act 1900 (NSW) s 66A

Children (Criminal Proceedings) Act (NSW) 1987, s 6

Crimes (Sentencing Procedure) Act1999 (NSW) ss 25AA, 3A, 5

Cases Cited:

SW v The Queen [2019] NSWCCA 194

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
SD (Offender)

Representation:

Counsel:
Mr A Terracini (Crown)
Mr J Curtis (Offender)

Solicitors:

File Number(s):

2019/00253899

Publication restriction:

Non-publication order re complainant’s name and identity

SENTENCE

Introduction

1. The offender stands to be sentenced having pleaded guilty to the following offence: That between 1 January 1995 and 30 October 1995 at Mona Vale he had sexual intercourse with JB (there is a non-publication order in relation to that name) a child under the age of ten years, namely eight or nine years.

2. That is an offence under s 66A of the Crimes Act and, at the relevant time, had a maximum penalty of 20 years imprisonment.

3. At the time of the offence, unlike now, there was no standard non-parole period.

The Facts

4. The facts are agreed and the following is taken from the facts. The victim’s father, PB, and mother, CB, divorced in 1993. The victim’s father then commenced a relationship with a RS. The offender is Ms S’s nephew and occasionally stayed with her and the victim’s father.

5. Between January and October 1995 the offender was staying at their premises in Mona Vale, along with the victim and other members of the family.

6. One night between January and October 1995, when the victim was nine years of age, the victim had her friend LS staying at her house. They both slept in the victim’s bedroom on a trundle bed, the victim slept on top and LS slept on the pull out trundle.

7. At some point at night when the victim and LS were both asleep the offender entered the victim’s room. The victim woke up to see the offender had his hands in her underwear. The victim tried to cross her legs to make him stop. The offender was trying to get the victim’s legs open and the victim was squirming and trying to turnover so the offender would stop.

8. The offender then penetrated the victim’s vagina with his fingers, he put his fingers in and out of the victim’s vagina multiple times causing her considerable pain.

9. The victim wanted to scream but was so scared she had tears streaming down her face.

10. The victim sat up and said, “Who’s there?”. There was no response. The victim asked louder, “Who’s there?”. The offender said, “Carl is cold and needs a blanket”. Carl was a reference to the victim’s…