District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Baker [2020] NSWDC 615 Hearing dates: 31 July 2020 Date of orders: 07 September 2020 Decision date: 07 September 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate sentence of imprisonment of 18 years with a non-parole period of 12 years
Catchwords: CRIME — Child sex offences — Procuring or grooming child for unlawful sexual activity
CRIME — Sexual offences — Act of indecency
CRIME — Sexual offences — Aggravated sexual assault — Victim
CRIME — Sexual offences — Aggravated sexual assault — Victim under authority
CRIME — Sexual offences — Indecent assault — Circumstances of aggravation
SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victim
SENTENCING — Aggravating factors — Multiple victims
SENTENCING — Aggravating factors — Presence of child
SENTENCING — Aggravating factors — Record of previous convictions
SENTENCING — Aggravating factors — Substantial harm, injury, loss or damage — Victim impact statement
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Form 1 offences
SENTENCING — Relevant factors on sentence — General principles
SENTENCING — Relevant factors on sentence — Maximum penalty
SENTENCING — Relevant factors on sentence — Multiple offences
SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
SENTENCING — Relevant factors on sentence — Objective seriousness
SENTENCING — Relevant factors on sentence — Parole period
SENTENCING — Relevant factors on sentence — Purposes of sentencing
SENTENCING — Sentencing procedure — Agreed facts
SENTENCING — Sentencing procedure — Expert reports
SENTENCING — Sentencing procedure — Reasons for sentence
SENTENCING — Subjective considerations on sentence — Protective custody
SENTENCING — Subjective considerations on sentence — Special circumstances
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Mental Health Act 2007
Cases Cited: Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518
Bugmy v The Queen [2013] HCA 37
Imbornone v The Queen [2017] NSWCCA 144
Muldrock v The Queen (2011) HCA 39
Munda v The State of Western Australia [2013] HCA 38
Pfitzner v R [2010) NSWCCA 314
R v Borkowski [2009] NSWCCA 102
R v Engert (1995) 84 A Crim R 67
R vMcGourty [2002] NSWCCA 335
Van Zwam v R [2017] NSWCCA 127
Veen v The Queen (No 2) 1988 HCA 14
Category: Sentence Parties: Regina (Crown)
Craig Myles Baker (Offender)Representation: Susan Oliver (Crown Prosecutor)
Director of Public Prosecutions (NSW) (Crown)
Alan Conwell (counsel) (Offender)
Younes+Espiner Lawyers (Offender)
File Number(s):
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- AGLC
- R v Baker [2020] NSWDC 615
- Case
- [2020] NSWDC 615
- Decision Date
CaseChat Overview and Summary
The court meticulously examined various aggravating factors, including the defendant's abuse of a position of trust, the presence of multiple victims, and the substantial harm inflicted upon the victims. The court also considered the objective seriousness of the offences and the maximum penalties applicable. Mitigating factors, such as the defendant's early guilty plea, were also taken into account. In determining the appropriate sentence, the court followed general sentencing principles and considered the need to protect the community and deter similar offences.
The court concluded that the cumulative impact of the aggravating factors warranted a severe sentence. After considering all relevant factors, including the agreed facts and expert reports, the court imposed an aggregate sentence of imprisonment for 18 years, with a non-parole period of 12 years. This decision reflects the court's intent to address the gravity of the offences and the need to safeguard society from the defendant's future actions. The court provided detailed reasons for the sentence, ensuring that all legal considerations were adequately addressed.
Orders
Orders of the court
Aggregate sentence of imprisonment of 18 years with a non-parole period of 12 years
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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