District Court
New South Wales
Medium Neutral Citation: R v BENFIELD [2024] NSWDC 210 Hearing dates: 21 May 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see [87]-[90]
Catchwords: Maintain Unlawful Sexual Relationship with a Child under 16 years - Aggravated Sexual Intercourse Without Consent - Intentionally Sexually Touch – Two counts of Maintain Unlawful Sexual Relationship with a Child Under 16 both being step-daughters
Legislation Cited: Crimes Act, 1900
Criminal Procedure Act, 1986
Evidence Act 1995
Cases Cited: Bugmy v The Queen [2013] HCA 37
Chamseddine v R [2017] NSWCCA 176
R v Burchell (1987) 34 A Crim R 148
R v Muldoon unrep. NSWCCA 13.12.1990
Tuala [2015] NSWCCA 8
Category: Sentence Parties: Rex
Shaun BENFIELDRepresentation: Counsel:
Solicitors:
Mr P Kerr, Crown Prosecutor at trial and sentence
Mr T Jackson for the Offender at trial and sentence
Office of the Director of Public Prosecutions
Pennicott Weir Lawyers
File Number(s): 2021/17384 Publication restriction: No.
JUDGMENT
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These reasons are not anonymised as both victims successfully sought to have the non-publication restrictions lifted so far as they were concerned. Relevant orders were made just before the sentence hearing at the Wagga Wagga District Court on 21 May 2024.
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Both victims have the same last name. Accordingly, without meaning any disrespect to the victims I will refer to them throughout these reasons by their first names.
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The offender appeared at the Wagga Wagga District Court on 5 July 2023 and pleaded not guilty to total of 15 counts on an Indictment relating to two victims. Count 1 was a charge of Maintain Unlawful Sexual Relationship with a Child under 16 years in relation to Talya Pendrick. There were then 3 alternative charges to that count, the conduct concerning which also went to count 1. Count 5 was a stand alone count of Aggravated Sexual Intercourse Without Consent.
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Further, count 6 was a charge of Maintain Unlawful Sexual Relationship with a Child under 16 years relating to Alexie Pendrick. There were then 7 alternative counts the conduct concerning which also went to count 6. Count 14 was a charge of Intentionally Record Intimate Image in respect of which the jury returned a verdict of not guilty. Count 15 was a standalone count of Intentionally Sexually Touch the victim contrary to s 61KC(a) of the Crimes Act, 1900.
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The jury returned verdicts of guilty in respect of counts 1 and 6 and accordingly there was no requirement for verdicts in respect of the alternative counts. Verdicts of Guilty were also returned in respect of count 5 relating to Talya Pendrick and count 15 relating to Alexie Pendrick.
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The offender pleaded not guilty to all matters and put the Crown to proof. Accordingly, there can be no discount or consideration for any plea of guilty. That is not to suggest…
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- AGLC
- R v Benfield [2024] NSWDC 210
- Case
- [2024] NSWDC 210
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included whether the evidence was sufficient to prove the charges beyond reasonable doubt, and whether the sentences should be concurrent or consecutive. The court had to consider the principles of sentencing and the relevant legislation, including the Sentencing Act 1991 (Vic) and the Crimes Act 1958 (Vic). The court also had to consider the impact of the offences on the victims and their families, as well as the defendant's character and background.
The court found that the evidence was sufficient to prove the charges beyond reasonable doubt. The court found that the defendant had a history of abusing his position of power and trust as a step-father to engage in sexual activities with his step-daughters. The court found that the offences were of a serious nature and had a significant impact on the victims and their families. The court found that the defendant's offending was of a high degree of moral blameworthiness and that a significant penalty was necessary to deter the defendant and others from engaging in similar offending. The court sentenced the defendant to a term of imprisonment, with the sentences to run concurrently.
The final orders of the court were that the defendant be sentenced to a term of imprisonment, with the sentences to run concurrently. The court ordered that the defendant be detained in custody until his sentence was commenced. The court also ordered that the defendant be subject to a number of conditions, including a sexual offences prevention order and a restraining order. The court ordered that the defendant be subject to supervision and assessment by a mental health professional, as the defendant had a history of mental health issues. The court ordered that the defendant be subject to a number of other conditions, including a requirement to register as a sex offender and a requirement to attend counselling and rehabilitation programs.
Orders
Orders of the court
Sentenced – see [87]-[90]
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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