District Court
New South Wales
Medium Neutral Citation: R v Bradshaw (a pseudonym) [2021] NSWDC 476 Hearing dates: 23 July 2021 Decision date: 10 September 2021 Jurisdiction: Criminal Before: Colefax SC DCJ Decision: Aggregate term of imprisonment of 12 years with a non parole period of 9 years.
Catchwords: CRIME - SENTENCE - maintaining a sexual relationship with a child.
Legislation Cited: Crimes Act 1900 (NSW) s66EA(1)
Cases Cited: Burr v R [2020] NSWCCA 282; Jervis (a pseudonym) [2020] NSWDC 396
Category: Sentence Parties: Regina (Crown)
Mr Bradshaw (a pseudonym) (offender)Representation: Ms M. Knowles (Crown Prosecutor)
Mr M. Tedeschi AM QC with Ms C. Newman (Offender)
File Number(s): 2020/47551; 2020/47569 Publication restriction: Non publication and suppression orders made of the names of the (x2) victims and the offender and of any other information which might, directly or indirectly, identify any of them.
Judgment
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Mr Bradshaw (a pseudonym), you appear for sentence in relation to two offences (sequences 7 and 4), each being that, as an adult, you maintained an unlawful sexual relationship with a child (a different child being involved in each offence). The offence is also commonly referred to as the persistent sexual abuse of a child.
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These offences are contraventions of s66EA(1) of the Crimes Act1900 (NSW).
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The maximum penalty for each offence is imprisonment for life. There is no standard non-parole period.
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The offending conduct captured by sequence 7 took place between 1 January 2014 and 19 August 2017, and before the amendments to s66EA(1) which came into effect on 1 December 2018.
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The offending conduct captured by sequence 4 took place between 1 January 2016 and 8 February 2020. Therefore, some of that conduct took place before, and some after, those amendments.
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However, the amendments (increasing the maximum penalty from 25 years imprisonment to life imprisonment; reducing the ingredient / foundational offences from 3 to 2; and possibly changing or altering the nature of the offence – cf Burr v R [2020] NSWCCA 282 per Johnson J at [104], with whom Leeming JA and Rothman J agreed) were retrospective (cf R v Jervis (a pseudonym) [2020] NSWDC 396 per Haesler SC DCJ at [29] – [30]).
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The facts surrounding your offending are contained in a document entitled “Agreed Facts” signed by the Crown prosecutor on 16 March 2021; and you and your “legal representative” on 6 April 2021.
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Before turning to those facts, it is necessary (because of a dispute between you and the Crown as to the proper construction of that document to which I shall refer later in these remarks) to set out the description of the offence in each relevant Charge Certificate.
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The description of the offence in the Charge Certificate for sequence 7 was as follows:
“Between 1 January 2014 and 19 August 2017, at Lurnea, Bringelly And Elsewhere in the State of New South Wales, [you] did maintain an unlawful sexual relationship with Ruby (a pseudonym), a child then under the age of 16 years, namely, 7 to…
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- AGLC
- R v Bradshaw (a pseudonym) [2021] NSWDC 476
- Case
- [2021] NSWDC 476
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the appropriate sentence for the defendant's crimes, which involved maintaining a sexual relationship with a child. The court considered a range of factors in determining the appropriate sentence, including the nature and circumstances of the offence, the defendant's culpability, and the need for deterrence and denunciation. The court also considered the impact of the offence on the victim and the community more broadly.
In delivering its judgment, the court noted the seriousness of the offence and the need for a sentence that reflected the gravity of the crime. The court found that the appropriate sentence was an aggregate term of imprisonment of 12 years, with a non-parole period of 9 years. The court noted that this sentence reflected the seriousness of the offence, provided deterrence, and protected the community. The court also noted that the sentence provided the defendant with an opportunity for rehabilitation and reintegration into the community.
The court made an order for the defendant to serve an aggregate term of imprisonment of 12 years, with a non-parole period of 9 years. The defendant was also ordered to register as a sex offender for a period of 10 years following his release from prison.
Orders
Orders of the court
Aggregate term of imprisonment of 12 years with a non parole period of 9 years.
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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