The District Court of New South Wales sentenced a 43-year-old man, Balesh Dhankhar 40 years in prison for his offences against 5 different victims, he was put on trial commencing on 27 February 2023 and he was sentenced  on 7 March 2025. Dhankhar sexually assaulted either impaired or unconscious women, luring them with the ruse of interviewing them for a Korean language interpretation job. He would then invite the women for dinner after the interview and then drug them to commence his offences.

Sexual Intercourse without Consent

Under section 61 of the Crimes Act 1900, sexual intercourse without the consent of an individual is prohibited, thus creating a punishment liability of 14 years imprisonment. Balesh Dhankhar has committed 13 counts of this offence, which led to the outcome of 14 years plus 7 years of the standard non–parole period.

What are the elements of Sexual Intercourse without Consent?

Each of the elements must be proven to be beyond reasonable doubt by the Crown, to prove the offender is guilty:

• The accused has sexual intercourse with the complainant at the time and place specified in the charge.
• The complainant did not consent to the act.
• The accused was aware of the complainant not giving consent.

Intoxicating Substance used to commit an indictable offence

The Crimes Act 1900 section 38 states that a person who utilises the intoxication of a substance to commit an indictable offence (an offence with a maximum penalty of 25 years) is guilty of an offence, which holds a maximum penalty of 25 years imprisonment.

What are the elements of Using an Intoxicating Substance to Commit an Indictable Offence?

To convict individuals of this offence the police must prove the elements beyond reasonable doubt: 

• The accused administered an intoxicating substance or caused the substance to be taken by someone else.
• The accused did this intending to commit an indictable offence or committed an indictable offence or assist someone else in committing this offence.

Recording Intimate Images Without Consent

Section 91 of the Crimes Act 1900 prohibits the act of intimate recording, and/or distributing intimate recordings or images of an individual without their consent, this can lead to a maximum penalty of 100 units or imprisonment for 3 years or both.

What are the elements of Recording Intimate Images Without Consent?

To prosecute an individual for this offence, the prosecution must prove these elements beyond reasonable doubt:

• The accused recorded an intimate image/video of a person.
• This was done without the consent of the complainant.
• The accused was aware that the person did not consent or was reckless about giving consent.

What Elements and Offences Did the Court Prove to Sentence Dhankhar?

When sentencing Balesh Dhankhar for his committed offences, the court utilised various sources of evidence to prove each element of each crime. This includes victim testimony, forensic evidence, video evidence and other relevant materials. It was proven that the accused had sexual intercourse without consent with the victim, through his fraudulent and persistent act. Its toward each victim, even whilst being aware of the lack of consent.

Dhankhar also records videos which have been uploaded to an online cloud application, namely MEGA, which may be accessed by whoever has the correct details to the account, thus suggesting a possible sign of distribution. The defendant used an intoxicating drug to help with the commencement of his acts, the act being an indictable offence.

Pannu Lawyers extensively practices in Criminal Law and regularly appear at Courts throughout New South Wales. We are conveniently located within walking distance from Blacktown train station and can accommodate after hours appointments to suit you.

Call our office on 02 9920 1787 or 1300 VAKEEL to discuss your matter in a confidential manner. Blacktown Local Court is located on 1 Kildare Road Blacktown and our office is located only 5 minutes’ walk from the Blacktown Local Court. Pannu Lawyers are Blacktown’s top rated criminal lawyers and backed by more than 750 five-star reviews on Google. Don’t opt for guilty plea as your case may be defendable!