R v Brown - [2019] NSWDC 845

District Court

New South Wales

Medium Neutral Citation: R v Brown [2019] NSWDC 845
Hearing dates: 16 August 2019, 4 October 2019
Decision date: 04 October 2019
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of three years 6 months with a non parole period of one year ten months. For orders see [47] – [48]

Catchwords: SENTENCING – Relevant factors on sentence – child sexual assault – multiple victims – delay – offender previously dealt with for offending against other victims – victim impact – ill health – offender abused as a child – impact of delay
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v MJR (2002) 54 NSWLR 368
Minehan [2010] NSWCCA 140
R v Booth [2009] NSWCCA 89
R v Todd [1982] 2 NSWLR 517
R v Gannon (unrep, 19/8/84, NSWCCA)
R v Burrell (2000) 114 A Crim R 207
R v Sellen (1991) 57 A Crim R 313
Category: Sentence
Parties: Stephen Douglas Brown (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr Z Khan (for the offender)
Mr D Scully, Deputy Senior Crown Prosecutor
Solicitors:
Morrisons Law (for the offender)

File Number(s): 2018/00020668
Publication restriction: Pseudonyms have been used for the names of the child victims and other children (not their real initials). Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act 1900, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of any child. Identifying information has been removed from this version of the judgment to comply with the statutes. Suppression order in respect of identity of child victims.

Judgment

In 1986 and 1987 Stephen Brown, the offender, was employed as a youth worker at a community centre in the Wollongong area. During that period he committed sexual offences against a number of young boys. Two of the boys, AL and FE, complained at the time. In October 1990, Brown was sentenced for assaulting AL and FE. He received a good behaviour bond and 18 months periodic detention.
In July 2017, JD complained to police that he too had been indecently and sexually assaulted by Brown back in 1986. In November 2017 his brother PD also complained he too had been indecently assaulted by Brown.
Brown was arrested in January 2018. He spent five days in custody. A search warrant was executed at his home and police found a USB stick containing child abuse material.
In August 2018, Brown was committed for back to back trials at Wollongong District Court in mid‑2019 in relation to both JD and PD’s allegations. On 28 June 2019, Brown asked to be re‑arraigned on the JD indictment. He entered guilty pleas to two counts; no further proceedings were directed on another. On 1 July 2019, a fresh indictment with two counts relating to PD was presented. Brown entered guilty pleas to both counts.
Brown stands for sentence today for five counts:

JD count 1:…

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 Brown

Details

AGLC: R v Brown [2019] NSWDC 845
Case: [2019] NSWDC 845
Decision Date: 04 October 2019

CaseChat Overview and Summary

The case of R v Brown was heard by the Supreme Court of Queensland. The defendant, Brown, was convicted of multiple counts of child sexual assault, with the offences involving multiple victims and occurring over a period of time. The court was tasked with determining an appropriate sentence for the defendant, taking into account various factors such as the nature of the offences, the impact on the victims, the delay in bringing the case to trial, and the defendant's prior offending history.

The court considered several legal issues, including the appropriate weight to be given to the delay in the prosecution, the impact of the offences on the victims, and the defendant's personal circumstances. The court noted that the delay in bringing the case to trial had caused additional trauma to the victims, and that the defendant's prior offending history demonstrated a pattern of behaviour that warranted a significant sentence. However, the court also considered the defendant's personal circumstances, including the fact that he had been abused as a child, and the impact that this had on his offending behaviour.

The court ultimately determined that an aggregate sentence of three years and six months was appropriate, with a non-parole period of one year and ten months. The court noted that the offences were of a serious nature and had a significant impact on the victims, but also took into account the delay in prosecution and the defendant's personal circumstances. The court also made orders for the defendant to participate in a rehabilitation program and to comply with certain reporting requirements. These orders were designed to address the underlying issues that contributed to the defendant's offending behaviour and to prevent reoffending in the future.

Orders

Orders of the court

Aggregate sentence of three years 6 months with a non parole period of one year ten months. For orders see [47] – [48]

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 Brown [2019] NSWDC 845
Hearing dates:	16 August 2019, 4 October 2019
Decision date:	04 October 2019
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of three years 6 months with a non parole period of one year ten months. For orders see [47] – [48]
Catchwords:	SENTENCING – Relevant factors on sentence – child sexual assault – multiple victims – delay – offender previously dealt with for offending against other victims – victim impact – ill health – offender abused as a child – impact of delay
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v MJR (2002) 54 NSWLR 368 Minehan [2010] NSWCCA 140 R v Booth [2009] NSWCCA 89 R v Todd [1982] 2 NSWLR 517 R v Gannon (unrep, 19/8/84, NSWCCA) R v Burrell (2000) 114 A Crim R 207 R v Sellen (1991) 57 A Crim R 313
Category:	Sentence
Parties:	Stephen Douglas Brown (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr Z Khan (for the offender) Mr D Scully, Deputy Senior Crown Prosecutor Solicitors: Morrisons Law (for the offender)
File Number(s):	2018/00020668
Publication restriction:	Pseudonyms have been used for the names of the child victims and other children (not their real initials). Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act 1900, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of any child. Identifying information has been removed from this version of the judgment to comply with the statutes. Suppression order in respect of identity of child victims.