R v CF - [2019] NSWDC 903

District Court

New South Wales

Medium Neutral Citation: R v CF [2019] NSWDC 903
Hearing dates: 20 June 2019, 26 July 2019, 29 July 2019 and 20 September 2019;
Decision date: 01 November 2019
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to an aggregate term of imprisonment of 10 years; non-parole period 7 years 6 months

Catchwords: CRIME – sentence – sexual intercourse with person above age 14 years and under 16 years – indecent assault of a person under the age of 16 years – failure to comply with reporting conditions contrary to Child Protection (Offenders Registration) Act 2000 – lengthy criminal history for like offences – resents treatment and restrictions placed upon him – multiple health issues – deterioration in cognitive function -
Legislation Cited: Child Protection (Offenders Registration) Act 2000
Crimes Act 1900
Crimes (High Risk Offenders) Act
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Attorney‑General’s Application (No 1) (2002) 56 NSWLR 147,
Pearce v R (1998) 194 CLR 610,
R v ABS [2005] NSWCCA 255
R v Archer [2017] NSWCCA 155
R v Chong [2012] NSWSC 1309
R v De La Rosa [2010] NSWCCA 194
R v Hammoud (2000) 118 A Crim R 66
R v Holder [1983] 3 NSWLR 245
R v Jomaa [2019] NSWCCA 98
R v Mill v R (1988) 166 CLR 59
R v Porter [2008] NSWCCA 145
R v XX (2009) 195 A Crim R 38
Thomson and Houlton v R [2000] NSWCCA 309
Category: Sentence
Parties: Regina (Crown)
CF (offender)
Representation:
Counsel:
Ms McSpedden (Offender)
Solicitors:
Ms K Stanley (DPP)

File Number(s): 2017/00103092, 2017/00291434
Publication restriction: Non-publication order of offender’s and victims’ names

Judgment

The prisoner appears for sentence today in relation to a number of offences committed between late December 2016 and just before 5 April 2017, the date the prisoner was arrested and came into custody. He has been in custody since his arrest and all time served in custody will be taken into account in the fixing of a sentence with which I am now concerned. As I understand the matter, although the cover sheet refers to indictments and the like, all matters are matters for which the prisoner was committed for sentence from the Local Court. There are, in addition to the offences committed for sentence, nine matters on two Forms 1 to be taken into account in respect of two of the offences. The placing of the matters on Forms 1 obviously as a result of some plea negotiations.
Having regard to the complexity of the charges and the fact that the prisoner has saved the respective complainants from having to give evidence, and also having regard to him being committed for sentence from the Local Court, I propose to give the prisoner a discount of 25% upon the otherwise appropriate sentence in respect of each sentence I impose to recognise the utilitarian benefit of his pleas of guilty. Notwithstanding a delay of approximately 15 months from the time of his arrest…

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 CF

Details

AGLC: R v CF [2019] NSWDC 903
Case: [2019] NSWDC 903
Decision Date: 01 November 2019

CaseChat Overview and Summary

The accused, CF, was brought before the court following convictions for sexual intercourse with a person above the age of 14 years and under 16 years, as well as indecent assault of a person under the age of 16 years. CF was also found to have contravened reporting conditions under the Child Protection (Offenders Registration) Act 2000. The court was tasked with determining an appropriate sentence that reflects the gravity of the offences and the offender's background.

The legal issues central to this case included the nature and gravity of the sexual offences committed against a minor, CF's extensive criminal history involving similar offences, and his failure to comply with the legal obligations set forth by the Child Protection Act. The court also had to consider mitigating factors such as CF's multiple health issues and his deteriorating cognitive function. Balancing these elements was critical in determining a sentence that would adequately protect the community while also taking into account CF's personal circumstances.

The court meticulously examined the evidence and submissions, weighing the aggravating factors of CF's repeated offending and disregard for legal requirements against the mitigating aspects of his health and cognitive decline. Ultimately, the court concluded that the severity of the crimes and CF's persistent criminal behaviour necessitated a substantial custodial sentence. The judge imposed an aggregate term of imprisonment of 10 years, with a non-parole period of 7 years and 6 months, ensuring that the sentence reflects the seriousness of the offences while considering CF's health and cognitive impairments.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment of 10 years; non-parole period 7 years 6 months

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 CF [2019] NSWDC 903
Hearing dates:	20 June 2019, 26 July 2019, 29 July 2019 and 20 September 2019;
Decision date:	01 November 2019
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to an aggregate term of imprisonment of 10 years; non-parole period 7 years 6 months
Catchwords:	CRIME – sentence – sexual intercourse with person above age 14 years and under 16 years – indecent assault of a person under the age of 16 years – failure to comply with reporting conditions contrary to Child Protection (Offenders Registration) Act 2000 – lengthy criminal history for like offences – resents treatment and restrictions placed upon him – multiple health issues – deterioration in cognitive function -
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 Crimes Act 1900 Crimes (High Risk Offenders) Act Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney‑General’s Application (No 1) (2002) 56 NSWLR 147, Pearce v R (1998) 194 CLR 610, R v ABS [2005] NSWCCA 255 R v Archer [2017] NSWCCA 155 R v Chong [2012] NSWSC 1309 R v De La Rosa [2010] NSWCCA 194 R v Hammoud (2000) 118 A Crim R 66 R v Holder [1983] 3 NSWLR 245 R v Jomaa [2019] NSWCCA 98 R v Mill v R (1988) 166 CLR 59 R v Porter [2008] NSWCCA 145 R v XX (2009) 195 A Crim R 38 Thomson and Houlton v R [2000] NSWCCA 309
Category:	Sentence
Parties:	Regina (Crown) CF (offender)
Representation:	Counsel: Ms McSpedden (Offender) Solicitors: Ms K Stanley (DPP)
File Number(s):	2017/00103092, 2017/00291434
Publication restriction:	Non-publication order of offender’s and victims’ names