R v CA

[2021] NSWDC 407

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v CA [2021] NSWDC 407

Hearing dates:

2 July 2021

Decision date:

09 July 2021

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Sentenced to an aggregate term of 5 years with a non-parole period of 2 years and 6 months

Catchwords:

CRIME — Child sex offences — Sexual intercourse with child < 16

CRIME — Child sex offences — Sexual intercourse with child <10

CRIME — Sexual offences — Indecent assault – Child <16

CRIME — Appeals — Appeal against sentence — Re-sentence

SENTENCING — Juvenile offenders — Sentence of imprisonment

Legislation Cited:

Crimes Act 1900 (NSW) ss 61D, 61E

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 25AA, 3A

Children (Criminal Proceedings) Act 1987 (NSW) s 15A

Cases Cited:

R v MJR [2002] NSWCCA 129

Pearce [1998] HCA 57

Corliss v R [2020] NSWCA 65

R v Cattell [2019]NSWCCA 297

R v Gilmore (1979)1 A Crim R 416

R v Bedford (1985) 5 NSWLR 711

R H McL v The Queen [2000] HCA 46

Tarrant v R [2007] NSWCCA 124

R v MM [2002] NSWCCA 431

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
CA (Offender)

Representation:

Counsel:
Mr Cooley (Crown)
Mr Khan (Offender)

Solicitors:
Ms Calderbank and Mr Gilson (Crown)

Ms Boehm (Offender)

File Number(s):

2015/103839

Publication restriction:

Offender and victims’ names subject to non-publication order

SENTENCE

Introduction

1. The offender stands to be sentenced after having been found guilty after trial by jury of seven sexual offences against three young boys, all of which occurred in the early to mid 1980s. The jury found the offender not guilty of another four charges relating to two of those three victims.

2. The trial was a re-trial, the offender having been successful in an appeal to the Court of Criminal Appeal in relation to an earlier trial that had involved more complainants. In relation to those other complainants the offender stood a separate re-trial before another jury and myself earlier this year and was acquitted on all counts.

3. The particulars of the offences for which the offender stands to be sentenced are as follows.

4. In relation the victim DB, three offences that occurred between 14 December 1982 and 14 December 1986 at Bronte, being offences that the offender had sexual intercourse with DB without his consent, knowing that he was not consenting, DB being under the age of 16 years. Those offences were offences under the then s 61D(1) of the Crimes Act and have a maximum penalty of 10 years imprisonment and there is no applicable standard non-parole period. Those offences were contained in counts 4, 5 and 6 on the indictment.

5. There is also an offence that between the same dates and also at Bronte the offender committed an act of indecency towards DB, a person then under the age of 16 years. That was at the relevant time an offence under s 61E(2) of the Crimes Act and had a maximum penalty of two years imprisonment and there is…