R v SN - [2025] NSWDC 280

District Court

New South Wales

Medium Neutral Citation: R v SN [2025] NSWDC 280
Hearing dates: 21/10/24-5/12/24, 4/3/25, 26/3/25, 8/4/25, 14/4/25, 5/6/25
Date of orders: 5/6/25
Decision date: 05 June 2025
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
See paras 101-103

Catchwords:
Crime – Sentence – Indecent assault – Sexual intercourse without consent – Attempted sexual intercourse without consent – Act of indecency towards – Dissociative Identity Disorder

Legislation Cited:
Crimes Act 1990
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Maxwell v R [2020] NSWCCA 94
Mohindra v R [2020] NSWCCA 340
R v JCW [2000] NSWCCA 209
WG v R; KG v R [2020] NSWCCA 155

Category: Sentence
Parties: NSW DPP – Crown
SN - Offender
Representation: Ms K Mulley for Crown
Mr G Sundstrom for Offender

File Number(s): 19/408682
Publication restriction: STATUTORY NON-PUBLICATION ORDER RE IDENTITY OF COMPLAINANTS
NON-PUBLICATION ORDER RE IDENTITY OF OFFENDER
NON-PUBLICATION ORDER RE AB’S (REDACTED)

remarks on sentence – ex tempore - revised

The offender, SN stood trial by a jury from 28 October 2024 until 5 December 2024. The trial indictment contained 26 counts, although three of the counts were expressed in the alternative. On 5 December 2024 the jury returned guilty verdicts on all substantive counts, avoiding the need for verdicts on any of the three alternative counts.
The sentencing hearing was initially set down for 21 February 2025, however this was changed to 4 March 2025 due to an application on behalf of the offender. On 4 March 2025, the proceedings were partly heard which included the reading of the Victim Impact Statement by AB. However, the proceedings were then adjourned based on a joint application by both parties to 8 April 2025 with a s 77 order being made for the offender to appear by audio-visual link. On 8 April 2025, however, the offender did not appear due to a medical issue. The proceedings were adjourned to 14 April 2025 with an order that the offender appear by AVL. On that date, however, the Court was informed that the offender was in a hospital, and although there was consent to him appearing in the proceedings by telephone link, this was not able to be arranged by Corrective Services for reasons that were not explained adequately. The proceedings regrettably had to be adjourned again and have proceeded to final submissions today.
The offender must therefore be sentenced for the following 23 offences.
Count 1, which is an offence of indecent assault under s 61L of the Crimes Act 1900, which carries a maximum penalty of five years’ imprisonment. Count 2, which is a similar indecent assault offence carrying a maximum of five years’ imprisonment. Count 3, which is sexual intercourse without consent, an offence under s 61I of the Crimes Act 1900, carrying a maximum penalty of 14 years and which has specified a standard non parole period of seven years. Count 5, an offence of sexual intercourse without consent, carrying the same maximum penalty and standard non-parole period. Counts 6,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v SN

Details

AGLC: R v SN [2025] NSWDC 280
Case: [2025] NSWDC 280
Decision Date: 05 June 2025

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v SN arose, where the appellant, SN, stood accused of various sexual offences against a woman. The alleged offences included indecent assault, sexual intercourse without consent, and an act of indecency towards the victim. The court had to determine the appropriate sentence for these offences, considering the unique circumstances of the case, including the victim's diagnosis of Dissociative Identity Disorder.

The primary legal issue before the court was the appropriate sentencing for the multiple sexual offences committed by SN against a vulnerable victim. The court needed to consider the severity and nature of the offences, the vulnerability of the victim, and the impact of the crimes on the victim. Additionally, the court needed to evaluate the mitigating factors presented by the defence, including SN's otherwise good character and his expressed remorse.

The court meticulously analysed the evidence and submissions from both parties before delivering its judgment. It was noted that the victim's Dissociative Identity Disorder significantly impacted her ability to resist or communicate during the assaults. The court considered the gravity of the offences, particularly the non-consensual nature of the sexual acts, and the lasting psychological harm inflicted upon the victim. While acknowledging the mitigating factors, the court determined that a custodial sentence was necessary to reflect the seriousness of the crimes. Ultimately, the court imposed a sentence that balanced the need for punishment, deterrence, and the rehabilitation of SN.

In the final orders, the court imposed a sentence of imprisonment, taking into account the totality of the offences and the circumstances surrounding the case. The specific details of the sentence, including the duration and any parole considerations, were outlined in paragraphs 101 to 103 of the judgment.

Orders

Orders of the court

See paras 101-103

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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Medium Neutral Citation:	R v SN [2025] NSWDC 280
Hearing dates:	21/10/24-5/12/24, 4/3/25, 26/3/25, 8/4/25, 14/4/25, 5/6/25
Date of orders:	5/6/25
Decision date:	05 June 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	See paras 101-103
Catchwords:	Crime – Sentence – Indecent assault – Sexual intercourse without consent – Attempted sexual intercourse without consent – Act of indecency towards – Dissociative Identity Disorder
Legislation Cited:	Crimes Act 1990 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Maxwell v R [2020] NSWCCA 94 Mohindra v R [2020] NSWCCA 340 R v JCW [2000] NSWCCA 209 WG v R; KG v R [2020] NSWCCA 155
Category:	Sentence
Parties:	NSW DPP – Crown SN - Offender
Representation:	Ms K Mulley for Crown Mr G Sundstrom for Offender
File Number(s):	19/408682
Publication restriction:	STATUTORY NON-PUBLICATION ORDER RE IDENTITY OF COMPLAINANTS NON-PUBLICATION ORDER RE IDENTITY OF OFFENDER NON-PUBLICATION ORDER RE AB’S (REDACTED)