R v Borri - [2021] NSWDC 189

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Borri [2021] NSWDC 189
Hearing dates: 24 November 2020
Decision date: 05 February 2021
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted in respect of each charge.
Indicative Sentences of Imprisonment:
Count 1 SEQ 002 1 year + 6 months
Count 2 SEQ 003 2 years + 3 months (NPP) 1 year + 8 months
Count 3 SEQ 007 2 years + 3 months (NPP) 1 year + 8 months
Count 4 SEQ 024 6 years
Count 5 SEQ 009 2 years + 3 months (NPP) 1 year + 8 months
Count 6 SEQ 025 6 years
Count 7 SEQ 027 4 years
Count 8 SEQ 017 1 year + 9 months (NPP) 1 year + 3 months
Count 9 SEQ 023 9 months
Count 10 SEQ SEQ 021 1 year
Count 11 SEQ SEQ 022 8 months
Count 12 SEQ 029 1 year + 6 months
Count 13 SEQ 030 1 year + 6 months
Count 14 SEQ 035 6 years
Count 15 SEQ 036 2 years
Count 16 SEQ 007 6 years + 4 months
Count 17 SEQ 032 1 year + 9 months
Count 18 SEQ 010 4 years
Count 19 SEQ 011 4 years
Count 20 SEQ 012 4 years + 4 months
Count 21 SEQ 015 4 years + 6 months
Count 22 SEQ 016 4 years + 4 months
Count 23 SEQ 033 1 year + 1 month
Count 24 SEQ 034 1 year + 9 months
Count 25 SEQ 021 5 years
Count 26 SEQ 028 1 year
Aggregate Sentence:
The offender is sentenced to a term of imprisonment of 16 years with a NPP pf 12 years to commence on 26 June 2019 and to expire on 25 June 2031 on which date he will become eligible for parole, and a balance of term of 4 years to commence on 26 June 2031 and to expire on 25 June 2035.

Catchwords:
CRIME –Child sex offences - sentence – 26 counts (15 acts of indecency + 11 counts of sexual intercourse over period of 10 years & 6 months) - 4 complainants, 3 girls aged between 10 & 16 & 1 boy aged 12 - context - habituation of sexualised conduct – complaint – Victim Impact Statements – seriousness of offences – aggravating features - remorse and contrition – totality - subjective matters

Legislation Cited:
Crimes Act1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Imbornone v the Queen [2017] NSWCCA 144
MRW v R [2011] NSWCCA 260
R v Gavel [2014] NSWCCA 56
Rv Van Ryn [2016] NSWCCA 307

Category: Sentence
Parties: Regina
Borri, Mark Annsley
Representation:
Counsel:
Crown: Mr J Peach
Defence: Mr I Lloyd QC
Solicitors:
Crown: Ms N Rastovic
Defence: Prof Dion Accoto

File Number(s): 2019/00197730
2019/00197761
Publication restriction: NPO in respect of the names of the complainants and anything tending to identify them

Judgment

* SEE ATTACHMENT IN RESPECT OF 25% DISCOUNT FOR EACH…

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 Borri

Details

AGLC: R v Borri [2021] NSWDC 189
Case: [2021] NSWDC 189
Decision Date: 05 February 2021

CaseChat Overview and Summary

In the case of R v Borri, the appellant was convicted on 26 counts related to child sex offences, involving 15 acts of indecency and 11 counts of sexual intercourse over a period of 10 years and 6 months. The victims included 3 girls aged between 10 and 16 and 1 boy aged 12. The Supreme Court of Queensland presided over the case and was tasked with determining the appropriate sentence.

The court was required to consider the seriousness of the offences, the context of the habitual sexualised conduct, the impact on the victims as detailed in their victim impact statements, and any aggravating features. The court also needed to weigh the offender's remorse and contrition against the totality of the offending and other subjective matters. The legal issues involved balancing these considerations to arrive at a just and appropriate sentence.

The court found the offences to be of considerable seriousness, given the prolonged abuse and the young age of the victims. The habitual nature of the offending and the profound impact on the victims were noted as aggravating factors. Despite the offender's expressions of remorse, the court determined that the sentence needed to reflect the severity and pervasiveness of the offending. The court concluded that a sentence of imprisonment was the appropriate response and set indicative sentences for each count, ultimately imposing an aggregate sentence of 16 years, with a non-parole period of 12 years.

The final orders were that the offender was to be imprisoned for 16 years with a non-parole period of 12 years, to commence on 26 June 2019 and to expire on 25 June 2031. The remaining term would be 4 years, expiring on 25 June 2035.

Orders

Orders of the court

Convicted in respect of each charge.

Indicative Sentences of Imprisonment:

Count 1 SEQ 002 1 year + 6 months

Count 2 SEQ 003 2 years + 3 months (NPP) 1 year + 8 months

Count 3 SEQ 007 2 years + 3 months (NPP) 1 year + 8 months

Count 4 SEQ 024 6 years

Count 5 SEQ 009 2 years + 3 months (NPP) 1 year + 8 months

Count 6 SEQ 025 6 years

Count 7 SEQ 027 4 years

Count 8 SEQ 017 1 year + 9 months (NPP) 1 year + 3 months

Count 9 SEQ 023 9 months

Count 10 SEQ SEQ 021 1 year

Count 11 SEQ SEQ 022 8 months

Count 12 SEQ 029 1 year + 6 months

Count 13 SEQ 030 1 year + 6 months

Count 14 SEQ 035 6 years

Count 15 SEQ 036 2 years

Count 16 SEQ 007 6 years + 4 months

Count 17 SEQ 032 1 year + 9 months

Count 18 SEQ 010 4 years

Count 19 SEQ 011 4 years

Count 20 SEQ 012 4 years + 4 months

Count 21 SEQ 015 4 years + 6 months

Count 22 SEQ 016 4 years + 4 months

Count 23 SEQ 033 1 year + 1 month

Count 24 SEQ 034 1 year + 9 months

Count 25 SEQ 021 5 years

Count 26 SEQ 028 1 year

Aggregate Sentence:

The offender is sentenced to a term of imprisonment of 16 years with a NPP pf 12 years to commence on 26 June 2019 and to expire on 25 June 2031 on which date he will become eligible for parole, and a balance of term of 4 years to commence on 26 June 2031 and to expire on 25 June 2035.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Borri [2021] NSWDC 189
Hearing dates:	24 November 2020
Decision date:	05 February 2021
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted in respect of each charge. Indicative Sentences of Imprisonment: Count 1 SEQ 002 1 year + 6 months Count 2 SEQ 003 2 years + 3 months (NPP) 1 year + 8 months Count 3 SEQ 007 2 years + 3 months (NPP) 1 year + 8 months Count 4 SEQ 024 6 years Count 5 SEQ 009 2 years + 3 months (NPP) 1 year + 8 months Count 6 SEQ 025 6 years Count 7 SEQ 027 4 years Count 8 SEQ 017 1 year + 9 months (NPP) 1 year + 3 months Count 9 SEQ 023 9 months Count 10 SEQ SEQ 021 1 year Count 11 SEQ SEQ 022 8 months Count 12 SEQ 029 1 year + 6 months Count 13 SEQ 030 1 year + 6 months Count 14 SEQ 035 6 years Count 15 SEQ 036 2 years Count 16 SEQ 007 6 years + 4 months Count 17 SEQ 032 1 year + 9 months Count 18 SEQ 010 4 years Count 19 SEQ 011 4 years Count 20 SEQ 012 4 years + 4 months Count 21 SEQ 015 4 years + 6 months Count 22 SEQ 016 4 years + 4 months Count 23 SEQ 033 1 year + 1 month Count 24 SEQ 034 1 year + 9 months Count 25 SEQ 021 5 years Count 26 SEQ 028 1 year Aggregate Sentence: The offender is sentenced to a term of imprisonment of 16 years with a NPP pf 12 years to commence on 26 June 2019 and to expire on 25 June 2031 on which date he will become eligible for parole, and a balance of term of 4 years to commence on 26 June 2031 and to expire on 25 June 2035.
Catchwords:	CRIME –Child sex offences - sentence – 26 counts (15 acts of indecency + 11 counts of sexual intercourse over period of 10 years & 6 months) - 4 complainants, 3 girls aged between 10 & 16 & 1 boy aged 12 - context - habituation of sexualised conduct – complaint – Victim Impact Statements – seriousness of offences – aggravating features - remorse and contrition – totality - subjective matters
Legislation Cited:	Crimes Act1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Imbornone v the Queen [2017] NSWCCA 144 MRW v R [2011] NSWCCA 260 R v Gavel [2014] NSWCCA 56 Rv Van Ryn [2016] NSWCCA 307
Category:	Sentence
Parties:	Regina Borri, Mark Annsley
Representation:	Counsel: Crown: Mr J Peach Defence: Mr I Lloyd QC Solicitors: Crown: Ms N Rastovic Defence: Prof Dion Accoto
File Number(s):	2019/00197730 2019/00197761
Publication restriction:	NPO in respect of the names of the complainants and anything tending to identify them