R v Barrie, Anthony

[2009] NSWDC 96

CITATION:	R v Barrie, Anthony [2009] NSWDC 96
HEARING DATE(S):	06/11/2008, 18/12/2008 and 30/01/2009
JUDGMENT DATE:	27 March 2009
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Charge: Use carriage service: - convicted, sentenced to 4 1/2 years imprisonment with None Parole Period of 2 and 1/2 years; Charge: Sexual intercourse with person aged 14 years but under 16 years: Convicted, sentenced to minium term of imprisonment for 2 years; balance of term 1 year 5months Charge: Sexual intercourse with person 14 years but under 16 years plus Form 1 matters (x6) Convicted; sentenced to Minium term 2 1/2 years; balance of term 2 years 8 months. Overall result: Head sentence 5 1/2 years balance of term 2 years 8 months.
CATCHWORDS:	Criminal Law - Sentencing - use carriage service to procure underage person to engage in sexual activity - sexual intercourse with person aged 14 but less than 16 (x2) - predatory behaviour - past record including jail time for sexual offending - worrying psycho-sexual profile.
LEGISLATION CITED:	Crimes Act 1914 (Commonwealth) Crimes Act 1900 (NSW)
CASES CITED:	R v Gladue (1999) 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Rushby (1977) NSWLR 597 R v Hayes [1984] 1 NSWLR 740 Tector v Regina [2008] NSWCCA 151 [90] Attorney General’s application under s 37 of the Crimes (Sentencing Procedure) Act (2004) 61 NSWLR 305 R v Pearce (1998) 194 CLR 610
PARTIES:	Regina Anthony James Barrie
FILE NUMBER(S):	2008/00002123
COUNSEL:	J Booth (Public Defender)
SOLICITORS:	Crown: Mr G Coles

JUDGMENT
1. Anthony Barrie was thirty-four years old when he first had penile/vaginal sexual intercourse with EF, then almost twenty years his junior; that was on 26 February 2006. Between that day and 14 April 2009 he had penile/vaginal sexual intercourse on seven other occasions. During EF’s absence in Brisbane he used the Internet to proposition EF’s fourteen-year-old friend TW.
2. Today he is to be held accountable for his criminal conduct, that conduct is encapsulated in an indictment charging two counts of sexual intercourse with EF, she then being between the ages of fourteen and sixteen years. He is further charged with using a carriage service to transmit a communication with TW with the intention of procuring her to engage in sexual activity with him at a time when he believed her to be under the age of sixteen years.
3. When sentencing for the first offence I have been asked to take into account six further occasions of sexual intercourse between this offender and EF. As sentencing judge it falls to me to resolve a number of competing tensions as I strive to determine the appropriate sentence for these offences before this court committed by this offender harming these victims in the Newcastle community; R v Gladue [1999] 1SCR 688 [80].
4. My initial task requires an assessment of what is called the objective criminality of the offences before the court. I will also need to have regard to matters personal to the offender…