R v Alfred (a pseudonym)

Case [2022] NSWDC 494


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Alfred (a pseudonym) [2022] NSWDC 494
Hearing dates: 23 March 2022
Date of orders: 23 March 2022
Decision date: 23 March 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate sentence of 11 years with a non-parole period of 8 years 3 months

Catchwords:

CRIME – Indecent assault person under 16 years of age (DV) - Sexual intercourse with child under the age of 10 years (DV) - Intentionally carry out sexual act with child under 10yrs (DV)

SENTENCING - Relevant factors on sentence – multiple child victims – father offends against daughter and stepdaughters - victim impact when child too young to understand what had occurred - pleas of guilty - disclosure of unknown guilt – significant reduction in sentence - moral culpability - no special circumstance finding

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Crimes Act 1900

Cases Cited:

Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115

Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115

AG v R [2016] NSWCCA 102

Arvinthan v R [2022] NSWCCA 44

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146

Barbaro v The Queen (2014) 253 CLR 58

BR v R [2015] NSWCCA 255

BS v R [2021] NSWCCA 39

BT v R [2010] NSWCCA 267

Cahyadi v Regina [2007] NSWCCA 1 (2007) 168 A Crim R 41

Clarkson v R [2011] VSCA 152

CMB v Attorney General for New South Wales [2015] HCA 9

Corby v R [2010] NSWCCA 146

DBW v R [2007] NSWCCA 236

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Donald (a pseudonym) v R [2021] NSWCCA 198

DPP (Cth) v Beattie [2017] NSWCCA 301

Engert (1995) 84 A Crim R 67

Facer v R [2019] NSWCCA 180

Gibbon v R [2019] NSWCCA 150

Hili v The Queen (2010) 242 CLR 520

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45.

Howard v R [2019] NSWCCA 109

JJ v R [2019] NSWCCA 148

Lewins v R [2007] NSWCCA 189

LS & MH [2020] NSWCCA 148

McKinley v R [2022] NSWCCA 14

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Muldrock v The Queen, (2011) 244 CLR 120

Panetta [2116] NSWCCA 85

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R v AA [2017] NSWCCA 84

R v BA [2014] NSWCCA 148

R v BJW (2000) 112 A Crim R 1

R v Gavel [2014] NSWCCA 56

R v Herring (1956) 73 WN (NSW) 203

R v JP [2015] NSWCCA 267

R v KNL [2005] NSWCCA 260; 154 A Crim R 268

R v NJK [2011] NSWCCA 151

R vSS [2021] NSWCCA 56

R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383

R v Van Ryn

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Details
AGLC
R v Alfred (a pseudonym) [2022] NSWDC 494
Case
[2022] NSWDC 494
Decision Date

CaseChat Overview and Summary

The defendant, Alfred, faced the Supreme Court in relation to charges of indecent assault and sexual intercourse with children under the age of 16 years, and specifically with children under 10 years of age. Alfred had been convicted of offences against his daughter and his stepdaughters, and the court was required to determine an appropriate sentence. Alfred entered guilty pleas to all charges, and the court had to consider various factors in determining the appropriate sentence, including the nature of the offences, the number of victims, and the impact on the victims. The court also had to assess the moral culpability of Alfred, the fact that he had disclosed his guilt, and whether any special circumstances existed that could impact the sentencing.

The court found that the offences were of a serious nature, involving multiple victims who were young children, and that the impact on the victims, although not fully understood by them due to their young age, was significant. The court acknowledged the pleas of guilty and the fact that Alfred had disclosed his guilt, which resulted in a significant reduction in sentence. The court considered that while the moral culpability was high, there were no special circumstances that warranted further reduction or aggravation of the sentence. The court was also mindful of the potential for reoffending and the need for deterrence.

In conclusion, the court determined that an aggregate sentence of 11 years was appropriate, with a non-parole period of 8 years and 3 months. The court took into account the seriousness of the offences, the impact on the victims, and the various factors that were relevant to the sentencing decision. The court considered that this sentence would provide adequate punishment, deterrence, and rehabilitation for Alfred, while also ensuring the safety of the community. The court ordered that Alfred serve an aggregate sentence of 11 years with a non-parole period of 8 years and 3 months.

Orders

Orders of the court

Aggregate sentence of 11 years with a non-parole period of 8 years 3 months

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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