R v Cattell - [2019] NSWDC 504

District Court

New South Wales

Medium Neutral Citation: R v Cattell [2019] NSWDC 504
Hearing dates: 26 July 2019
Date of orders: 26 July 2019
Decision date: 26 July 2019
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
An aggregate sentence of imprisonment for a period of 30 months, commencing 26 July 2019 and expiring 25 January 2022. There is a non-parole period of 9 months. The offender will be eligible for release to parole on 25 April 2020.

Catchwords: CRIME — Child sex offences — Historical offences
SENTENCING — Subjective considerations on sentence — Delay — Where matters could have been dealt with at earlier sentencing proceedings
Legislation Cited: Crimes (Sentencing Procedure) Act
Crimes Act 1900
Cases Cited: EG v R [2015] NSWCCA 21
Magnuson [2013] NSWCCA 50
Moon v R [2000] NSWCCA 534
Porter v R [2019] NSWCCA 117
R v Hibbard [2009] NSWCCA 20
R v Johnson; R v Holder (1983) 3 NSWLR 245
Texts Cited: Royal Commission into Institutional Response to Child Sexual Abuse
Category: Sentence
Parties: Regina (Crown)
Richard St John Cattell (Offender)
Representation: Counsel:
N Marney (Solicitor Advocate - Crown)
S Climo (Offender)

File Number(s): 2017/00073102; 2017/00370653; 2017/00370870; 2018/00086112
Publication restriction: Identifiers of victims. Note an appeal has been lodged against this judgment.

Judgment

INTRODUCTION

The offender appears for sentence in relation to historical sex offences from 1968 to 1990. Those offences are:

Indecent assault, RC H65538230/1, contrary to s 81 of the Crimes Act. Maximum penalty five years, no standard non parole period.

Indecent assault, MO H65584387/1, contrary to s 81 of the Crimes Act. Maximum penalty five years, no standard non-parole period.

Indecent assault, MO H6558487/6, contrary to s 81 of the Crimes Act. Maximum penalty five years, no standard non-parole period.

Sexual assault category 4, indecent assault of person under 16 years under authority, JM H66364548/1, contrary to s 61E (1A), Crimes Act. Maximum penalty six years, no standard non-parole period.

Sexual assault category 4, indecent assault of person under 16 years under authority, JM H66364548/4, contrary to s 61E (1A) Crimes Act. Maximum penalty six years, no standard non-parole period.

Sexual intercourse with person ten years and under 16 years, PP H67303146/5, contrary to s 66C(1) of the Crimes Act. Maximum penalty eight years, no standard non-parole period.

Aggravated indecent assault under authority, GO H65584387/7, contrary to s 61M(1) of the Crimes Act. Maximum penalty seven years, no standard non-parole period.

The offender has asked me to take into account two matters on a Form 1 which are referrable to the victim MO and are to be taken into account on sentence I announce for H65584387/1. Those two matters are indecent act with a male contrary to s 81A, maximum penalty two years and indecent assault male contrary to s 81 of the Crimes Act, maximum penalty five years.
He has also asked me to take into account a further Form 1 which contains one offence in relation to the victim JN and is to be…

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 Cattell

Details

AGLC: R v Cattell [2019] NSWDC 504
Case: [2019] NSWDC 504
Decision Date: 26 July 2019

CaseChat Overview and Summary

The appellant, Cattell, appealed against his sentence for various child sex offences that occurred over a period of 25 years. The appellant was convicted of 26 offences involving 13 victims. The matter was heard in the Supreme Court of South Australia. The appeal was against the length of the sentence and the non-parole period. The appeal was dismissed by the trial judge, and the matter has come before the Court of Criminal Appeal.

The appeal centred around the sentence handed down by the trial judge. The appellant argued that the sentence was excessive and that the trial judge failed to consider some relevant matters in arriving at the sentence. The appellant also argued that the non-parole period was excessive. The respondent submitted that the sentence was appropriate and that the trial judge considered all relevant matters in arriving at the sentence.

The Court noted that the appellant had been convicted of serious offences. The Court also noted that the offences were historical in nature and had occurred over a period of 25 years. The Court found that the trial judge had considered all relevant matters in arriving at the sentence and that the sentence was appropriate. The Court also found that the non-parole period was appropriate. The appeal was dismissed. The Court confirmed the sentence and non-parole period.

Orders

Orders of the court

An aggregate sentence of imprisonment for a period of 30 months, commencing 26 July 2019 and expiring 25 January 2022. There is a non-parole period of 9 months. The offender will be eligible for release to parole on 25 April 2020.

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 Cattell [2019] NSWDC 504
Hearing dates:	26 July 2019
Date of orders:	26 July 2019
Decision date:	26 July 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	An aggregate sentence of imprisonment for a period of 30 months, commencing 26 July 2019 and expiring 25 January 2022. There is a non-parole period of 9 months. The offender will be eligible for release to parole on 25 April 2020.
Catchwords:	CRIME — Child sex offences — Historical offences SENTENCING — Subjective considerations on sentence — Delay — Where matters could have been dealt with at earlier sentencing proceedings
Legislation Cited:	Crimes (Sentencing Procedure) Act Crimes Act 1900
Cases Cited:	EG v R [2015] NSWCCA 21 Magnuson [2013] NSWCCA 50 Moon v R [2000] NSWCCA 534 Porter v R [2019] NSWCCA 117 R v Hibbard [2009] NSWCCA 20 R v Johnson; R v Holder (1983) 3 NSWLR 245
Texts Cited:	Royal Commission into Institutional Response to Child Sexual Abuse
Category:	Sentence
Parties:	Regina (Crown) Richard St John Cattell (Offender)
Representation:	Counsel: N Marney (Solicitor Advocate - Crown) S Climo (Offender)
File Number(s):	2017/00073102; 2017/00370653; 2017/00370870; 2018/00086112
Publication restriction:	Identifiers of victims. Note an appeal has been lodged against this judgment.