R v Brabazon

[2020] NSWDC 814

District Court

New South Wales

Medium Neutral Citation:

R v Brabazon [2020] NSWDC 814

Hearing dates:

10/8/20-21/8/20, 23/10/20, 11/11/20

Date of orders:

11/11/20

Decision date:

11 November 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Sentenced to an aggregate term of imprisonment of 14 years with a NPP of 9 years 6 months

Catchwords:

Crime – Sentence - Commit act of indecency with or towards a person under the age of ten - Incite person under ten years of age to commit an act of indecency -

Sexual intercourse with person under the age of ten years - Sexual intercourse with person of or above the age of ten but under the age of 14 years in circumstances of aggravation (under authority)

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

AK v R [2016] NSWCCA 238

Bugmy v The Queen [2013] HCA 37

PGM v The Queen [2008] NSWCCA 172

Category:

Sentence

Parties:

NSW DPP – Crown
Terrence Charles Francis Brabazon - Offender

Representation:

Ms M Fleeton for Crown
Ms J Hopper for Offender

File Number(s):

19/63258

Publication restriction:

NON-PUBLICATION ORDER RE IDENTITY OF COMPLAINANT

sentence

1. I note, firstly, in relation to Mr Brabazon's matter that there is a non-publication provision which means that there must be no publication which has the effect of disclosing the identity of the complainant.

2. In this matter, on 21 August 2020 after a trial lasting about seven days the offender, Mr Brabazon, was found guilty on all nineteen counts of an indictment alleging various sexual offences against a single complainant. The offender must now be sentenced for those offences.

THE OFFENCES

3. The offences are as follows: Five offences under section 61O(2) of committing an act of indecency with or towards a person under the age of ten years, the maximum penalty for that offence being seven years' imprisonment. Five further offences under section 61O(2) of inciting a person under ten years of age to commit an act of indecency, the maximum penalty being seven years' imprisonment. Seven offences under section 66A(1) of having sexual intercourse with a person under the age of ten years. the maximum penalty for that offence is 25 years' imprisonment and a standard non parole period of 15 years is specified. Finally, two offences under section 66C(2) of having sexual intercourse with a person of or above the age of ten but under the age of 14 years in circumstances of aggravation, namely, that the person was under the offender's authority. The maximum penalty for that offence is 20 years imprisonment.

4. The maximum penalties and, where applicable, standard non parole period are of course important legislative guideposts in the sentencing exercise that I must undertake.

FACTS

5. The Crown submissions included a document entitled, "Crown outline of findings of facts," which describe the seven incidents on which the 19 counts in the indictment are based. It was conceded by counsel for the offender that that document provides an accurate description of the facts as particularised in the evidence placed before…