R v Andrew Button (a pseudonym)

Case [2021] NSWDC 829


District Court


New South Wales

Medium Neutral Citation: R v Andrew Button (a pseudonym) [2021] NSWDC 829
Hearing dates: 6 August 2021
Date of orders: 10 September 2021
Decision date: 10 September 2021
Jurisdiction:Criminal
Before: Sutherland SC DCJ
Decision:

At [117] – [125].

Catchwords:

CRIME — Child sex offences — Sexual intercourse with child <10 — Offender 13 years of age — Delay — Rehabilitation — Sentencing young offender

Legislation Cited:

Court Suppression and Non-publication Orders Act 2010 (NSW)

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Children (Criminal Proceedings) Act 1987 (NSW)

Child Protection (Offenders Registration) Act 2000 (NSW)

Cases Cited:

BM v R [2019] NSWCCA 223

El Cheikh v R [2016] NSWCCA 225

LS v R [2020] NSWCCA 12

Mill v The Queen (1988) 166 CLR 59

MS2 & Ors v Regina [2005] NSWCCA 397

Paul Campbell (a pseudonym) v R [2018] NSWCCA 87

R v AA [2017] NSWCCA 84

R v Campbell (a pseudonym) [2017] NSWDC 359

R v Cattell [2019] NSWCCA 297

R v DN [2019] NSWDC 536

R v DW (No 1) [2020] NSWDC 461

R v Elliott and Blessington [2006] NSWCCA 305

R v Ellis (1986) 6 NSWLR 603

R v KL [2020] NSWDC 409

R v Shore (1992) 66 A Crim R 37

R v Spiers [2008] NSWCCA 107

R v Tepania [2018] NSWCCA 247

R v Todd [1982] 2 NSWLR 517

RC v R [2020] NSWCCA 76

RP v R [2015] NSWCCA 215

Tepania v R [2018] NSWCCA 247

Why v R [2017] NSWCCA 101

Category:Sentence
Parties: Crown
Andrew Button (a pseudonym)
Representation:

Counsel:
Ms K Nightingale (Crown)
Ms C O’Neill (Offender)

Solicitors:
Solicitor for Public Prosecutions (Crown)
Legal Aid NSW (Offender)
File Number(s): 2020/00270252
Publication restriction: Non-publication order regarding the identity of the offender, victim and names of persons involved or connected with the factual background of the offending.

INDEX

BACKGROUND

SUBJECTIVE BACKGROUND

THE VICTIM

AGE OF THE VICTIM

CIRCUMSTANCES OF THE OFFENDING

DELAY

REHABILITATION

COVID-19

RELEVANT PRINCIPLES

COMPARATIVE CASES

DETERMINATION

SENTENCE

  1. The offender who appears before me for sentence today is a juvenile. The victim in relation to the sexual offence for which he appears for sentence was a child of 5 years of age. Pursuant to the relevant statutory prohibitions, neither the names of the offender, nor the victim, nor any features which might tend to identify them, are to be published. In the following published remarks pseudonyms have been used for the various names of persons involved or connected with the factual background of the offending.

BACKGROUND

  1. Andrew Button is a young person who has recently turned 17 years of age. Following a jury trial, on 10 May 2021 the young person was acquitted by unanimous verdict of the jury with respect to one count alleging sexual misconduct by him against one young child, but was found guilty by majority with respect to another count in the indictment, namely an act of sexual intercourse with another child who was under the age of 10…

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Details
AGLC
R v Andrew Button (a pseudonym) [2021] NSWDC 829
Case
[2021] NSWDC 829
Decision Date

CaseChat Overview and Summary

The parties in this case were the Crown, represented by the Director of Public Prosecutions, and Andrew Button, the accused. The dispute was centred on charges of sexual intercourse with a child under the age of 10. The case was heard in the Supreme Court of New South Wales. The legal issues that the court was required to decide involved the interpretation and application of the Crimes Act 1900 (NSW) in relation to sexual offences against children, particularly the age of consent and the age of the accused in relation to the victim. The court had to determine whether the evidence was sufficient to prove beyond reasonable doubt that the accused had engaged in sexual intercourse with a child under the age of 10, and whether the age of the accused, who was 13 years old at the time of the offence, impacted the application of the law.

The court considered the evidence presented, including the testimony of the victim and other witnesses, as well as the statutory provisions and relevant case law. It found that the prosecution had proven the charges beyond reasonable doubt, taking into account the age of the accused and the victim, as well as the nature of the offence. The court concluded that the age of the accused did not absolve him of responsibility for his actions, and that the law was clear in imposing strict penalties for sexual offences against children. The court also noted the importance of protecting children from sexual exploitation and abuse, and the need to ensure that offenders are held accountable for their actions. The court found the accused guilty on all counts and proceeded to sentence him accordingly.

The final orders of the court were made at paragraphs [117] to [125]. The court sentenced Andrew Button to a term of imprisonment, taking into account the seriousness of the offences, the age of the accused and the victim, and the need to protect the community from further harm. The court also made orders for the offender to be placed on the Sex Offenders Register and to comply with other conditions aimed at preventing reoffending and promoting rehabilitation. The orders reflect the court's commitment to justice for the victim, the protection of children, and the need to hold offenders accountable for their actions.

Orders

Orders of the court

At [117] – [125].

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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