R v CG

[2023] NSWDC 383

District Court

New South Wales

Medium Neutral Citation:

R v CG [2023] NSWDC 383

Hearing dates:

8 June 2023

Date of orders:

10 May 2023

Decision date:

10 May 2023

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Impose a Community Correction Order

Catchwords:

CRIME – Child sexual assault – Historical Child Sex Offences – When offender juvenile

CRIME – Child sexual assault – Elapsed time between commission of offence and plea of guilty – Purposes of sentencing

Legislation Cited:

Child Welfare Act 1939 (NSW)

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Records Act 1991 (NSW)

Cases Cited:

Bugmy v R (2013) 249 CLR 571; [2013] HCA 37

WB v R [2020] NSWCCA 159

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
CG (Offender)

Representation:

Counsel:
Mr B Allison (Crown)
Mr Kent (Offender)

File Number(s):

2022/00082732

Publication restriction:

Statutory non-publication order
Non-publication order in relation to victims

SENTENCE

The Charges

1. The offender stands to be sentenced having pleaded guilty to the following charges: That between 1 January 1974 and 31 December 1976 at Tregear, he assaulted SG, a female under the age of 16 years, and committed at the time of the assault an act of indecency. That is an offence under the then s.76 of the Crimes Act 1900 (NSW) and has a maximum penalty of 5 years imprisonment. That offence was count 1 on an indictment the Crown presented against the offender.

2. There is also an offence that between 1 January 1976 and 30 March 1976 at Tregear the offender assaulted AG, a female under the age of 16 years, and at the time of the assault committed an act of indecency. That too is an offence under the then s.76 of the Crimes Act and at the relevant time carried a maximum penalty of 6 years imprisonment. That offence was count 4 on the indictment.

3. There is a 3^rd offence, being an offence that between 1 January 1976 and 19 August 1976, at Tregear the offender assaulted a male person, namely MG, and committed an act of indecency upon him. That is an offence under the then s 81 of the Crimes Act and at the relevant time had a maximum penalty of 5 years imprisonment. That offence was count 6 on the indictment.

Form 1 Offences

4. The offender acknowledges his guilt in relation to a number of other offences which are on 3 Form 1s.

5. In relation to the Form 1 concerning the offence in count 1, the offender acknowledges his guilt in relation two indecent assaults committed upon SG during the period 1 January 1978 and 1 February 1979 and asks that I take those offences into account when I sentence him on count 1. The offender was between 16 and 17 years of age as at the date of those offences.

6. In relation to the Form 1 that relates to count 4, the offender acknowledges his guilt in relation to a further indecent assault concerning AG, that occurred between 1…