R v Campbell (a pseudonym) - [2017] NSWDC 359

District Court

New South Wales

Medium Neutral Citation: R v Campbell (a pseudonym) [2017] NSWDC 359
Hearing dates: 17th November 2017- 14th December 2017
Date of orders: 14 December 2017
Decision date: 14 December 2017
Jurisdiction: Criminal
Before: Berman SC DCJ
Decision:
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 8 months and a head sentence of 16 months to be served in a Juvenile Detention Centre.

Catchwords: CRIMINAL LAW – Sentence – Child offender – Sexual assault of his younger cousins – Plea of guilty involves an acceptance of knowledge of serious wrongdoing.
Legislation Cited: Children (Criminal Proceedings) Act.
Cases Cited: RP v R [2015] NSWCCA 215
Category: Sentence
Parties: The Crown
Paul Campbell (a pseudonym)
Representation:
Counsel:
Ms D Daleo – Crown
Mr M Johnston SC with Mr M Smith– Offender
Solicitors:
Director of Public Prosecution – Crown
McGirr Lawyers – The offender

File Number(s): 2016/299506
Publication restriction: There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants. That is to include the true name of the offender.

Judgment

Introduction

There is to be no publication of anything which would tend to identify the victims in this matter, including the name of the offender. In any case, by reason of s15A Children (Criminal Proceedings) Act, the offender is not to be identified.
This judgment is published on Caselaw using pseudonyms.

What the offender did

Although the offender Paul Campbell was a mere boy of 13 in October 2016, he was still capable of causing great harm through his seriously criminal behaviour. While far from a mature adult, by his pleas of guilty the offender admits not only that he committed the offences I will shortly describe, but also that he knew what he was doing was seriously wrong.
The offender and his immediate family went to a gathering at the home of his grandmother. Also at the gathering were members of the offender’s extended family including two young girls who were his second cousins. One, Gillian, was 6 years 3½ months old, whilst the other Lisa was 7 years and 9 months old. During the course of the evening the children played a game of hide and seek. The offender took Gillian into a small storage room under a staircase and closed the door. He pulled down his pants and exposed his penis to Gillian. This is an offence of committing an act of indecency towards a person under the age of 16 which appears on a Form 1.
Gillian then pulled down her underpants, believing that if she didn’t do that the offender would do so. The offender penetrated Gillian’s genitals with his finger causing her pain. This is an offence of having sexual intercourse with a child under the age of 10 which also appears on the Form 1.
The offender then performed cunnilingus on Gillian for a short time. This is another offence of having sexual intercourse…

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 Campbell (a pseudonym)

Details

AGLC: R v Campbell (a pseudonym) [2017] NSWDC 359
Case: [2017] NSWDC 359
Decision Date: 14 December 2017

CaseChat Overview and Summary

In the matter of R v Campbell, the defendant, who shall be referred to as Campbell, was brought before the court following a plea of guilty to charges of sexual assault against his younger cousins. The case was heard in the relevant court of criminal jurisdiction, which assessed the appropriate sentence considering the defendant's age and the nature of the offence. The legal issues that the court had to address involved determining the appropriate penalty for a juvenile offender who had engaged in serious criminal conduct, including the consideration of the plea of guilty as an indication of the defendant's understanding of the gravity of the offence.

The court was tasked with weighing several factors, including the defendant's age, the impact of the crime on the victims, and the necessity for rehabilitation over punishment. The judge acknowledged that Campbell's guilty plea demonstrated an understanding of the serious wrongdoing involved in the sexual assault. In sentencing, the court considered the principle of proportionality and the need for deterrence, while also giving weight to the potential for rehabilitation, given Campbell's young age. The court ultimately decided that an aggregate sentence of imprisonment, with a non-parole period of 8 months and a head sentence of 16 months to be served in a Juvenile Detention Centre, was appropriate.

The reasoning of the court was grounded in the dual objectives of protecting the community and providing an opportunity for the defendant to reform and reintegrate into society. The final orders of the court reflect a balance between punishment and rehabilitation, recognising the seriousness of the offence while also considering the best interests of the defendant as a juvenile.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 8 months and a head sentence of 16 months to be served in a Juvenile Detention Centre.

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

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Medium Neutral Citation:	R v Campbell (a pseudonym) [2017] NSWDC 359
Hearing dates:	17th November 2017- 14th December 2017
Date of orders:	14 December 2017
Decision date:	14 December 2017
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 8 months and a head sentence of 16 months to be served in a Juvenile Detention Centre.
Catchwords:	CRIMINAL LAW – Sentence – Child offender – Sexual assault of his younger cousins – Plea of guilty involves an acceptance of knowledge of serious wrongdoing.
Legislation Cited:	Children (Criminal Proceedings) Act.
Cases Cited:	RP v R [2015] NSWCCA 215
Category:	Sentence
Parties:	The Crown Paul Campbell (a pseudonym)
Representation:	Counsel: Ms D Daleo – Crown Mr M Johnston SC with Mr M Smith– Offender Solicitors: Director of Public Prosecution – Crown McGirr Lawyers – The offender
File Number(s):	2016/299506
Publication restriction:	There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants. That is to include the true name of the offender.