District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Carr (a pseudonym) [2019] NSWDC 805 Hearing dates: 27 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of eight years and six months with a non parole period of five years and six months. For orders see [84] – [86]
Catchwords: SENTENCING – Indecent assault – attempt sexual intercourse father and daughter aged 11 or 12.
SENTENCING – Relevant factors on sentence – late guilty plea – delay in complaint – representative counts – Form 1 – assessment of objective seriousness – relevant factors – Victim Impact Statement considered – application s 25AA Crimes (Sentencing Procedure) Act – relevant principles – retribution and deterrence – delay in sentencing given delay– offender’s complex history – history of deprivation – offender’s father an abuser – expressions of remorse – impact of imprisonment – accumulation concurrence – totality principle applied – special circumstances found.Legislation Cited: Cases Cited: AJB v R (2007) 169 A Crim R 32
Attorney General’s Application No. 1: (2002) 56 NSWLR 146
Bugmy v the Queen [2013] HCA 37; (2013) 249 CLR 571
Cahyadi v R [2007] NSWCCA 1 (2007) 168 A Crim R 41
DPP v De La Rosa [2010] NSWCCA 111
Grube v R [2005] NSWCCA 140
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Moon v R [2000] NSWCCA 534; (2000) 117 A Crim R 497
MPB v R [2013] NSWCCA 213
Postiglione v The Queen (1997) 189 CLR 295
R v Burrell (2000) 114 A Crim R 207
R v Engert (1995) 84 A Crim R 67
R v Herring (1956) 73 WN (NSW) 203
R v MJR (2002) 54 NSWLR 368
R v Moon [2000] NSWCCA 534
R v Anderson [1981] VR 155; (1980) 2 A Crim R 379
R v Todd [1982] 2 NSWLR 517
R v Todd [1982] 2 NSWLR 517
Ryan v The Queen (2001) 206 CLR 267
The Queen v Pham [2015] HCA 39
Thompson (2000) 49 NSWLR 383
Weininger v The Queen (2003) 212 CLR 629
Wright v R [2008] NSWCCA 91Category: Sentence Parties: Stephen Carr (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr S Fraser, Public Defenders NSW (for the Offender)
Johnston Legal (for the Offender)
Ms J Walshe (for the Director of Public Prosecutions)
File Number(s): 2018/00348422 Publication restriction: 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.Pseudonyms have been used for the name of the complainant and the offender.
Judgment – ex TEMPORE REVISED
Introduction
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- AGLC
- R v Carr (a pseudonym) [2019] NSWDC 805
- Case
- [2019] NSWDC 805
- Decision Date
CaseChat Overview and Summary
The court began by evaluating the objective seriousness of the offences, taking into account the nature of the assault and the vulnerable position of the victim. It considered the late guilty plea and the delay in the complaint, which were relevant factors for sentencing. The court also assessed the impact of the offences on the victim, as evidenced by the Victim Impact Statement. Additionally, the court examined the offender's complex history, including a background of deprivation and abuse, as well as his expressions of remorse. The court found that special circumstances were present due to the offender's father being an abuser, and it applied the principles of retribution and deterrence in determining the appropriate sentence.
After weighing all the relevant factors, the court concluded that an aggregate sentence of eight years and six months was appropriate, with a non-parole period of five years and six months. This decision reflected the objective seriousness of the offences, the offender's history, and the impact on the victim. The court considered the totality principle and the need for an appropriate deterrent effect. The court also noted the delay in sentencing due to the offender's previous legal proceedings.
The court made specific orders regarding the sentence, including the calculation of the non-parole period and the conditions for parole. These orders are detailed in paragraphs [84] to [86] of the judgment.
Orders
Orders of the court
Aggregate sentence of eight years and six months with a non parole period of five years and six months. For orders see [84] – [86]
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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