Australia, June 9 -- New South Wales Land and Environment Court issued text of the following judgement:
1. There are prohibitions on the publication of matters directly or indirectly identifying the victims in these proceedings. Those prohibitions will be facilitated by the use of pseudonyms. The offender will also be referred to as "SD". SD's daughter, the victim of each offence will also be referred to as "GD".
2. On 17 February 2025, SD was called to trial on an indictment that contained 22 counts. Each count alleged an offence of sexual misconduct by him towards GD. The prosecution has framed its case by reference to ten alleged incidents. The ninth incident was said to be the basis for counts 18, 19 and 20. On 25 February 2025, a verdict of not guilty by judicial direction was returned on counts 18, 19 and 20.
3. On 27 February 2025, SD was found guilty by the jury of each of the remaining 19 counts on the indictment and is consequently to be sentenced on:
a) Four offences, being the 4th, 6th, 8th and 11th counts, of sexual intercourse with a child under the age of 10 years, contrary to sub-section 66A(1) of the Crimes Act 1900, and for which the maximum penalty is imprisonment for life and the prescribed standard non-parole period is 15 years;
b) Three offences, being the 13th, 15th and 22nd counts, of sexual intercourse with a child of or above the age of 10 years and under the age of 14 years, contrary to sub-section 66C(2) of the Crimes Act and for which the maximum penalty is imprisonment for 20 years and the prescribed standard non-parole period is 9 years;
c) Seven offences, being the 1st, 2nd, 3rd, 5th 7th 9th and 10th counts of sexual touching a child under the age of 10 years, contrary to sub-section 66DA(a) of the Crimes Act and for which the maximum penalty is imprisonment for 16 years; and
d) Five offences, being the 12th, 14th, 16th, 17th and 21st counts, of sexual touching a child of or above the age of 10 years and under the age of 16 years, contrary to sub-section 66DB(a) of the Crimes Act and for which the maximum penalty is imprisonment for 10 years.
4. The evidence of the victim GD was framed in its presentation before the jury as multiple incidents within which 2 or 3 offences occurred, as pleaded in the various counts on the indictment.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196c719890641b1dd5fd0b25)
Disclaimer: Curated by HT Syndication.