District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v BG [2019] NSWDC 396 Hearing dates: 14 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: An aggregate sentence of imprisonment of 9 years, with a non-parole period of 6 years: at [62].
Catchwords: SENTENCING — Aggravating factors — Breach of trust — Substantial harm, injury, loss or damage — Victim impact statement
SENTENCING — Mitigating factors — Plea of guilty— Rehabilitation
SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — Multiple offences — Aggregate sentences — Pearce
SENTENCING — Sentencing procedure — Use of statistics
SENTENCING — Subjective considerations on sentence — HardshipLegislation Cited: Crimes Act 1901
Crimes (Sentencing Procedure) Act 1999Cases Cited: McDowall v R [2019] NSWCCA 29
PB v R [2016] NSWCCA 258
Pearce v The Queen (1998) 194 CLR 610
Power v The Queen (1974) 131 CLR 623
R v Barakat [2004] NSWCCA 201
R v Bugmy (1990) 169 CLR 525
R v Fisher (1989) 40 A Crim R 442
R v Qutami (2001) 127 A Crim R 369
R v Thomas [2007] NSWCCA 269
R v Way (2004) 60 NSWLR 168
R v Wheeler [2000] NSWCCA 34
R v X [2003] NSWCCA 56
TP v R [2018] NSWCCA 140Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
BG (Offender)Representation: Mr Horowitz (Crown)
Ms Cusack (Offender)
File Number(s): 2018/85705 Publication restriction: STATUTORY NON PUBLICATION APPLIES – Section 578A Crimes Act 1900 (any matter that may identify the complainant(s))
Judgment
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On the night of 21 July 2013, BG who was born on in 1968, took his then 15 year old stepson to Singleton, and in a motel room committed a series of sexual offences which lead to him appearing for sentence today on the following counts.
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First, a count of aggravated indecent assault under s 61M(2) of the Crimes Act 1901, which carries a maximum penalty of ten years, with, what has been described as the anomalous standard non-parole period of eight years.
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Secondly a charge under s 66C(4) of the Crimes Act of aggravated sexual intercourse with a child between 14 and 16 which carries a maximum penalty of 12 years imprisonment.
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Thirdly, a count under s 61O(1) of the Crimes Act of aggravated inciting an act of indecency, which carries a maximum penalty of five years with no standard non-parole period.
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Finally, a count under s 61J(1), of aggravated sexual assault. It carries a maximum penalty of 20 years imprisonment, with a ten year standard non-parole period.
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All of those maximum penalties and where applicable its standard non-parole periods are important legislative guideposts or yardsticks to be taken into account in the sentencing process.
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He pleaded guilty on the day of the trial being listed earlier this year, and in my view, a 10% discount on a term of imprisonment should be allowed for the utilitarian value of those pleas. It was…
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- AGLC
- R v BG [2019] NSWDC 396
- Case
- [2019] NSWDC 396
- Decision Date
CaseChat Overview and Summary
The legal issues included the consideration of the severity of the offences, the breach of trust, the impact on the victims, and the appellant's plea of guilty and potential for rehabilitation. The court also needed to consider relevant factors such as deterrence, the nature of the offences, and the cumulative effect of multiple offences. The use of statistics in sentencing and the subjective consideration of hardship were also factors in the decision-making process.
The court found that the offences were serious, with significant harm caused to the victims. The breach of trust was a particularly aggravating factor, as was the substantial harm and injury caused. The victim impact statement was also a crucial factor in understanding the effect of the crimes on the victims. On the mitigating side, the court acknowledged the appellant's plea of guilty and the potential for rehabilitation. However, the court found that the need for deterrence and the cumulative effect of the multiple offences outweighed the mitigating factors. The court imposed an aggregate sentence of imprisonment of 9 years, with a non-parole period of 6 years.
The court ordered an aggregate sentence of imprisonment of 9 years, with a non-parole period of 6 years. This sentence reflected the seriousness of the offences and the need to protect the community and deter future offending.
Orders
Orders of the court
An aggregate sentence of imprisonment of 9 years, with a non-parole period of 6 years: at [62].
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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