Regina v Andrew Dean McIntosh

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Regina v Andrew Dean MCINTOSH [2011] NSWDC 160
Decision date:	22 August 2011
Jurisdiction:	Criminal
Before:	Michael Finnane QC DCJ
Decision:	Aggregate sentence of 32 years with a non parole period of 20 years.
Catchwords:	CRIMINAL LAW - Sentencing - Aggravated Indecent Assault - Gross Indecency with a male under 18 years - Assault Occassioning Actual Bodily Harm - Buggery - Homosexual Intercourse with a male 10-18 years old.
Legislation Cited:	Crimes Act 1900
Cases Cited:	Veen v R (No 2) (1988) 164 CLR 465 PWB v R [2011] NSWCCA 84 A.J.B. v R [2007] NSWCCA 51 R v Bruce Roberts [2003] NSWCCA 309 R v Maxwwell Raymond Barry [2001] NSWCCA 304 R v Peter Harold Joseph Pritchard [1999] NSWCAA 182 R v Colin John Fisk [1998] NSWCCA 21/7/1998 R v Peter Edward Barrett [1997] NSWCCA 3/3/1997 R v Andrew Dean McIntosh [1988] SC 5/8/1988 R v Phillip George Thow [1985] NSWCCA 26/4/1985 R v Michael John Hill [1979] NSWCCA 11/7/1979 R v David John Miller [1977] NSWCCA 29/7/1977 R v Raymond John Davy [1975] NSWCCA 4/4/1975 R v Barry Richard Clarke and Kim Coulson Cathro [1975] NSWCCA 7/2/1975 R v William James Murray [1974] NSWCCA 30-8-1974
Category:	Sentence
Parties:	R v Andrew Dean MCINTOSH
Representation:	Mr. P. Calvert with Ms. S. Hugget for the Crown. Mr. I. Wallach for the offender.
File Number(s):	2008/19544; 2009/5544

Judgment

Introduction:

1. The offender, who is now aged 53 years is a persistent and dangerous paedophile. He first came before a court on 29 June 1988 when he was charged with 11 offences which included allegations of homosexual intercourse with a boy and offences of indecent assault. These offences were committed in 1985 and 1986 on the boys who was nine. At the time of the trial the boy was 12 years old. The offender was convicted of indecent assault offences and acquitted of offences of homosexual intercourse.

2. The facts on which he was convicted established that he was engaging in acts of simulated homosexual intercourse with the boy. What he was doing was in fact similar to what he had done to child victims in Inverell, before he went to live in Grafton.

3. The majority of the offences of which he was convicted were committed in a converted bus in which he was living. At the time he committed these offences, he was, at the request of the parents of the boy, caring for the boy whom he assaulted. He had insinuated himself into the family of this boy and had become so trusted by them, that he was managing their family business as well as caring for the boy whom he abused sexually.

4. These offences were committed in Grafton, a town to which he had gone to live when he decided to leave the town of Inverell at the end of 1984 or early in 1985. It is significant, in my opinion that…