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Nataucu v The King

Nataucu v The King

Case [2025] NSWCCA 94 20 June 2025

Sentencing

Aggravated & Exemplary Damages

Criminal Liability

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Nataucu v R [2025] NSWCCA 94
Hearing dates: 14 March 2025
Date of orders: 20 June 2025
Decision date: 20 June 2025
Before: Adamson JA at [1]
Hamill J at [4]
Ierace J at [54]
Decision:
(1) Leave to appeal granted.
(2) Appeal dismissed.

Catchwords:
CRIMINAL LAW – sentencing – aggravated sexual intercourse with a child – two counts – whether aggregate sentence manifestly excessive – penile/vaginal intercourse – offender of good character – findings of remorse and prospects of rehabilitation – early pleas of guilty – comparison with past sentencing cases – use of statistics – helpful and thorough submissions – sentence imposed not manifestly excessive – sentence not plainly wrong or unjust

Legislation Cited:
Crimes Act 1900 (NSW), ss 66C(4), 91H(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 31-35, 53A(2)(b)

Cases Cited:
Baldwin-Davies v R [2024] NSWCCA 220
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
BIP v R [2011] NSWCCA 224
Clarke v R [2009] NSWCCA 49
Cridland v R [2024] NSWCCA 243
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Director of Public Prosecutions (NSW) v Wolinski [2024] NSWCCA 139
GG v R [2018] NSWCCA 280
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499; [1936] HCA 40
JP v R [2024] NSWCCA 96
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Texts Cited:
N/A

Category: Principal judgment
Parties: Ilaitia Nataucu (Applicant)
Rex (Respondent)
Representation:
Counsel:
S McGee (Applicant)
A Isaacs (Respondent)
Solicitors:
Legal Aid NSW (Applicant)
Office of the Director of Public Prosecutions (Respondent)

File Number(s): 2022/00114624
Publication restriction: Section 578A of the Crimes Act 1900 (NSW) and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) prohibit the publication of the victim’s name or any matter which may lead to her identification.
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Citation:

N/A

Date of Decision:

26 September 2023

Before:

Coleman SC DCJ

File Number(s):

2022/00114624

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicant sought leave to appeal against an aggregate sentence imposed in the District Court on 26 September 2023 in relation to two counts of aggravated sexual intercourse with a child aged between 14 and 16 years. There were two further offences of (i) carrying out a sexual act towards a child aged between 10 and 16 years, and (ii) intentionally sexually touching a child aged between 10 and 16 years taken into account in sentencing.

The offences related to one victim, who…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Nataucu v The King

Details

AGLC: Nataucu v The King [2025] NSWCCA 94
Case: [2025] NSWCCA 94
Decision Date: 20 June 2025

CaseChat Overview and Summary

The case of Nataucu v The King involved the sentencing of the appellant, who had pleaded guilty to two counts of aggravated sexual intercourse with a child. The appellant, Nataucu, was sentenced in the Supreme Court of Victoria. The primary issue before the court was whether the aggregate sentence imposed by the trial judge was manifestly excessive, given the nature of the offences and the mitigating factors presented.

The court considered the specific details of the offences, which included penile/vaginal intercourse with a child under the age of 16. The appellant had a prior good character, had shown remorse, and had early pleas of guilty. The court reviewed previous cases to assess whether the sentence was consistent with judicial precedents. The appellant's submissions were thorough and helpful, focusing on the proper use of statistics to understand sentencing trends. The court examined these factors alongside the severity of the crimes to determine if the sentence was just and appropriate.

After careful consideration, the court concluded that the aggregate sentence was not manifestly excessive. The court found that the trial judge had appropriately balanced the aggravating and mitigating factors. The sentence imposed was consistent with past cases of similar gravity, and the submissions presented did not demonstrate that the sentence was plainly wrong or unjust. Therefore, the appeal was dismissed, and the original sentence was upheld.

Orders