R v WC

[2013] NSWDC 197

District Court

New South Wales

Medium Neutral Citation:	R v WC [2013] NSWDC 197
Hearing dates:	14 January 2013, 8 March 2013, 28 March 2013
Decision date:	15 April 2013
Before:	Letherbarrow SC DCJ
Decision:	Sentenced to a total term of imprisonment of five years and six months with an effective non-parole period of three years and six months.
Catchwords:	CRIME - Sentencing - aggravated sexual assault - relevance of statistics - offender's physical and mental health - protective custody - objective seriousness post Muldrock - relevance of good character in child sex cases
Legislation Cited:	Crimes Act 1900, s61M(2) Crimes (Sentencing Procedure) Act 1999, s44(2) Crimes Amendment (Sexual Offences) Act 2008
Cases Cited:	R v AEM and others (2002) NSWCCA58 RWNB v R (2010) 202 ACrimR 209 Muldrock v the Queen [2011] 244CLR120 Stewart v R [2012] NSWCCA183 Bondwick v R [2010] NSWCCA 177 R v Rule (unreported) 25 November 1995 NSWCCA R v PVM (2008) 187 ACrimR 29 Markarian v The Queen (2005) 228 CLR 357 Pearce v The Queen (1998) 194 CLR 610
Category:	Sentence
Parties:	Director of Public Prosecutions - Crown WC - Offender
Representation:	Director of Public Prosecutions Ms K Stares Director of Public Prosecutions Mr A Reetov - Legal Aid NSW
File Number(s):	2011/00268820
Publication restriction:	Non-publication order as to names of complainant and accused

Judgment

Introduction

1. On 8 November 2012 the offender was found guilty at his trial before a jury at Parramatta District Court in relation to the three counts in the indictment presented against him. All three counts were offences of aggravated indecent assault laid pursuant to s 61M(2) of the Crimes Act for which the maximum penalty is ten years imprisonment. The legislation also provides for a standard non-parole period of eight years. These offences were committed by the offender on his stepdaughter, the complainant, in August 2011. The circumstance of aggravation in relation to each count was that the complainant was then aged under sixteen years of age, namely, twelve years. The offender was then aged thirty-nine.

The Sentence Hearing

1. Upon being found guilty I revoked the offender's bail and stood over his sentence hearing until 14 January 2013 at Sydney. On that date the offender became unwell after arriving at court but before the sentence hearing began and was taken to hospital. As a result, the sentence hearing was adjourned to Parramatta on 8 March last. On that occasion, the offender was represented, as he was at trial, by Ms Stares of counsel. The Crown Prosecutor who ran the trial was then unavailable and Ms Jeffery appeared in her place.

1. At the outset of the sentence hearing, the complainant read a victims impact statement, a copy of which became exhibit A. The Crown also tendered a copy of the offender's criminal and custodial histories which became exhibits B and C. On behalf of the offender a psychological report from Ms Rima Nasr, dated 21 December 2012 and a report from Dr Calvin Hsieh, cardiologist, dated 20 February 2013,…