District Court
New South Wales
Medium Neutral Citation: R v CF [2023] NSWDC 452 Hearing dates: 16 October 2023 Decision date: 25 October 2023 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: (1) For the offences of which he was found guilty, the offender is convicted.
(2) The offender is sentenced to an aggregate term of imprisonment for a period of 14 years, with a non-parole period of 8 years and 10 months, to date from 7 December 2022. The first date the offender is eligible for release to parole is 6 October 2031. The head sentence will expire on 6 December 2036.
(3) The indicative sentence and indicative non-parole periods (where relevant) are as follows:
• Count 1: 18 months imprisonment, with a non-parole period of 11 months
• Count 2: 18 months imprisonment, with a non-parole period of 11 months
• Count 3: 6 years imprisonment
• Count 4: 18 months imprisonment, with a non-parole period of 11 months
• Count 5: 2 years 6 months imprisonment
• Count 6: 5 years imprisonment
• Count 7: 5 years imprisonment
Catchwords: CRIME – Child sex offences – Multiple offences – Indecent assault – Sexual intercourse with child >10<14 – Circumstances of aggravation – Sexual intercourse with young person under special care – Sentencing following trial
Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 66C, 73
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 21B, 25AA, 53A, 54B, Sch 2, Pt 35, Item 95
Crimes (Sentencing Procedure) Amendment Act 2022 (NSW)
Cases Cited: Filippou v The Queen (2015) 256 CLR 47
Johnson v The Queen [2004] HCA 15
Leach v The Queen (2007) 230 CLR 1
R v Cranston [2023] NSWSC 1004
R v Edwards (1996) 90 A Crim R 510
R v Isaacs (1997) 41 NSWLR 374
RH McL v The Queen (2000) 203 CLR 452
Savvas v The Queen (1995) 183 CLR 1
Strbak v The Queen (2020) 267 CLR 494
Category: Sentence Parties: Director for Public Prosecutions (NSW) (Crown)
CF (Offender)Representation: Counsel:
Solicitors:
D Henschell, Solicitor Advocate (Crown)
M Davis (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)
Michel + White Lawyers (Offender)
File Number(s): 2020/00111550 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW) and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), there is a statutory non-publication order in regard to any matter which identifies the complainant or which is likely to lead to the identification of the complainant. The identity of the offender is anonymised as CF.
JUDGMENT
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The offender, who will be referred to as CF, appears for sentence today after being found…
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- AGLC
- R v CF [2023] NSWDC 452
- Case
- [2023] NSWDC 452
- Decision Date
CaseChat Overview and Summary
The court was required to decide several key legal issues. These included determining the precise nature and extent of each offence, and how these offences should be aggregated for sentencing purposes. The court also needed to consider the principles of sentencing in child sex offences, including the importance of deterrence, denunciation, and the protection of the community. Additionally, the court had to assess the offender's culpability, the circumstances of each offence, and the impact of the offences on the victim.
The court carefully considered the evidence and submissions from both parties, ultimately concluding that the offender was guilty of the multiple offences as charged. The court then proceeded to impose an aggregate sentence of 14 years imprisonment, with a non-parole period of 8 years and 10 months. The court assigned specific indicative sentences and non-parole periods for each of the counts, taking into account the severity and nature of each offence. The court's decision was based on the need to appropriately reflect the seriousness of the crimes committed against a vulnerable victim, while also considering the principles of sentencing applicable in such cases.
The final orders of the court included the imposition of an aggregate sentence for the offences committed, with specific details provided for each count. The court also set the non-parole period and determined the first eligibility date for parole. This detailed sentencing approach ensures that the sentence imposed is both just and appropriate for the offences committed.
Orders
Orders of the court
(1) For the offences of which he was found guilty, the offender is convicted.
(2) The offender is sentenced to an aggregate term of imprisonment for a period of 14 years, with a non-parole period of 8 years and 10 months, to date from 7 December 2022. The first date the offender is eligible for release to parole is 6 October 2031. The head sentence will expire on 6 December 2036.
(3) The indicative sentence and indicative non-parole periods (where relevant) are as follows:
• Count 1: 18 months imprisonment, with a non-parole period of 11 months
• Count 2: 18 months imprisonment, with a non-parole period of 11 months
• Count 3: 6 years imprisonment
• Count 4: 18 months imprisonment, with a non-parole period of 11 months
• Count 5: 2 years 6 months imprisonment
• Count 6: 5 years imprisonment
• Count 7: 5 years imprisonment
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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