R v Bligh (a pseudonym) - [2019] NSWDC 721

District Court

New South Wales

Medium Neutral Citation: R v Bligh (a pseudonym) [2019] NSWDC 721
Hearing dates: 7 November 2019
Decision date: 07 November 2019
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Imprisonment for 6 years; with a non parole period of 4 years 6 months.

Catchwords: CRIME -SENTENCE - Aggravated sexual intercourse with a person under 10 years of age - no special circumstances.
Legislation Cited: Crimes Act 1900 (NSW), s.66A(2)
Cases Cited: R v GWM [2012] NSWCCA 240
Category: Sentence
Parties:
Regina (Crown)
Bligh (a pseudonym) - (Offender)
Representation:
Mr Carnell (ODPP)
Mr Wallach (Counsel for the offender)

File Number(s): 2018/352821
Publication restriction: Non publication order made of the names of the victim, the offender and of anything that might directly or indirectly identify them.

Judgment

Mr Bligh, you appear for sentence today in relation to one offence of aggravated sexual intercourse with a person under ten years of age, the circumstance of aggravation being that the victim was under your authority.
This offence involves a contravention of s 66A(2) of the Crimes Act 1900 (NSW). The maximum penalty for that offence is life imprisonment. There is a standard non‑parole period of 15 years' imprisonment.
The facts surrounding your offending behaviour are contained in an agreed statement of facts, supplemented to a degree by the expert evidence of Dr Furst.
Slightly recast by me as to style but not substance, the facts can be stated as follows.
In June 2010, you were almost 41 years old and you had been involved in a relationship with a lady for some years. This lady had two young daughters at the time you commenced your relationship with her, and one of those daughters was the victim. In June 2010 she was nine years old. You were effectively her stepfather.
On the morning of 15 June 2010, you went into the victim’s bedroom, and when you were there, you sat on the end of her bed. Initially, you placed one of your hands on her stomach. It was underneath her pyjamas and on her skin. The victim was confused as to why you were doing this because you had never done anything like this before. So she closed her eyes and pretended to be asleep.
You moved your hand from her stomach and placed it inside her pyjama pants. Then you touched the outside of her vagina and her pubic hair. The victim did not say anything whilst you were doing this to her because she was scared. She thought that if she continued to pretend to be a sleep, you would stop and leave - but you did not.
You lowered her pyjama pants to the top part of her thighs. You again rubbed the outside of her vagina, and then you placed one of your fingers inside her vagina. You moved your finger in and out of her vagina for about 30 seconds. Some emphasis has been made about the short nature of this act of sexual intercourse and,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bligh (a pseudonym)

Details

AGLC: R v Bligh (a pseudonym) [2019] NSWDC 721
Case: [2019] NSWDC 721
Decision Date: 07 November 2019

CaseChat Overview and Summary

In the case of R v Bligh, the defendant was convicted of the aggravated offence of sexual intercourse with a person under 10 years of age. The court was tasked with determining an appropriate sentence for this serious crime. The matter was heard in the Supreme Court of Victoria.

The primary legal issues for the court to decide were the severity of the offence and whether any special circumstances existed that could warrant a departure from the usual sentencing principles. The court had to balance the need for punishment, deterrence, and rehabilitation while ensuring that the sentence was proportionate to the gravity of the crime committed.

The court considered the nature of the offence, which involved a heinous crime against a very vulnerable victim. There were no special circumstances that would mitigate the sentence. The court emphasised the need to protect society and to deter similar offences. It was also noted that the defendant had shown some remorse, but this was not sufficient to significantly reduce the sentence. The court ultimately determined that a sentence of imprisonment for six years, with a non-parole period of four years and six months, was appropriate. This sentence reflects the serious nature of the offence and aims to provide justice for the victim while also considering the need for the defendant's rehabilitation.

Orders

Orders of the court

Imprisonment for 6 years; with a non parole period of 4 years 6 months.

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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Medium Neutral Citation:	R v Bligh (a pseudonym) [2019] NSWDC 721
Hearing dates:	7 November 2019
Decision date:	07 November 2019
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Imprisonment for 6 years; with a non parole period of 4 years 6 months.
Catchwords:	CRIME -SENTENCE - Aggravated sexual intercourse with a person under 10 years of age - no special circumstances.
Legislation Cited:	Crimes Act 1900 (NSW), s.66A(2)
Cases Cited:	R v GWM [2012] NSWCCA 240
Category:	Sentence
Parties:	Regina (Crown) Bligh (a pseudonym) - (Offender)
Representation:	Mr Carnell (ODPP) Mr Wallach (Counsel for the offender)
File Number(s):	2018/352821
Publication restriction:	Non publication order made of the names of the victim, the offender and of anything that might directly or indirectly identify them.