R v William James Clarke

[2014] NSWDC 182

District Court

New South Wales

Medium Neutral Citation:	R v William James Clarke [2014] NSWDC 182
Hearing dates:	21 October 2014
Decision date:	29 October 2014
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Custodial sentence imposed; For Orders see [63]
Catchwords:	Aggravated sexual intercourse without consent with a person less than 16 years of age
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v R (2013) 302 ALR 192 Cahadi v The Queen (2007) 168 A Crim R 41 Kennedy v R [2010] NSWCCA 260 Pearce v R 1998 194 CLR 610 R v Fernando (1992) 76 A CrimR 58 R v King [2009] NSWCCA 117 Veen v R No. 2 (1998) Vol 164 CLR 465
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) William Clarke (Offender)
Representation:	A Baker (Crown) A Evers (Offender)
File Number(s):	14/94517
Publication restriction:	Order pursuant to s 7 of Court Suppression and Non-publication Orders Act 2010 in respect of the name of the victim

REMARKS ON SENTENCE

1. In this matter the offender appeared before me at Taree District Court on 21 October 2014 in respect of one offence pursuant to s 61J(1) of the Crimes Act 1900 of aggravated sexual intercourse without consent with a person less than 16 years of age. The offence was committed on 12 March 2014 and carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years imprisonment.

1. A plea of guilty was entered by the offender on 22 July 2014. It is agreed that that was the earliest possible opportunity to enter a plea and that he is entitled to a 25% utilitarian discount on sentence for this offence.

1. The offender was arrested on 28 March 2014 and has been in custody since that date.

Agreed Facts

1. A fair summary of the agreed facts are that the victim, IK (aged 15 years) and the offender, who was at the time of the offence 29 years of age, are distantly related and resided in Kempsey a short distance from each other. At the time of the offence the offender was living with his mother. He had previously been on parole which was revoked on 18 February 2014 and expired on 25 February 2014.

1. The victim attended at the offender's house at approximately 9pm on 12 March 2014 to ask if she could use his phone. Also present at that residence was the offender's mother and partner, who were both heavily intoxicated.

1. The victim was informed that the mobile phone of the offender had no battery and it had to be charged. She waited at the location for a couple of hours for that to happen and whilst she was there she was given two cans of a pre-mixed alcoholic beverage known as Jack Daniels and coke which she drank from a glass. The agreed facts state that the victim consumed those drinks and two more later in the evening.

1. The victim and the offender walked into the offender's bedroom…