R v Charlton - [2024] NSWDC 633

District Court

New South Wales

Medium Neutral Citation: R v Charlton [2024] NSWDC 633
Hearing dates: 19 February 2024, 23 August 2024
Decision date: 28 August 2024
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Indicative sentences:
21 counts - see attached Table of Charges
Aggregate Sentence:
Convicted. Sentenced to a total term of 16 years, comprising a non-parole period of 12 years commencing on 20 December 2021, first eligible for parole on 19 December 2033, and a balance of term of 4 years expiring on 19 December 2037
No special circumstances found.

Catchwords:
CRIME – Sentencing – sexual offending against 7 victims under 10 years old –- 9 separate incidents spread over 23 years from May 1995 to January 2019 – uncharged acts – objective seriousness of offences - aggravating factors - breaches of trust – offences in home of victim - victims under authority - subjective matters

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Chiro v R HCA 37
DPP v Burton [2020] NSWCCA 54
Kennedy v R [2022] NSWCCA 215
RvLulham [2016] NSWCCA 287
R v Way [2004] NSWCCA 131

Category: Sentence
Parties: Regina
Charlton, Peter William
Representation:
Counsel:
Defence: Mr B Murray
Solicitors:
Crown: Ms A Mifsud ODPP
Ms R Atkinson/Mr B Williams-Styles ODPP
Defence: Mr J Wallace Ramsland Laidler

File Number(s): 2022/00360702; 2022/00360722
Publication restriction: NPO in respect of the names of the complainants and anything that might tend to identify them.

JUDGMENT

HIS HONOUR: Peter Charlton stood trial on 9 October 2023 in respect of an indictment containing 23 counts, two of those counts being alternatives to primary counts on the indictment. On 2 November 2023, he was convicted in respect of each of the counts including the two primary counts, and accordingly, there was no need for the jury to return a verdict in respect of the two alternative counts. In short, he was convicted in respect of Counts 1 to 17, 19, 20 and 21.
The counts were in relation to seven separate victims, and there were nine separate incidents or occasions over which the offending occurred between 12 May 1995 and 11 January 2019, that being a period of approximately 23 and a half years. The offender was approximately 36 years of age at the commencement of the offending and approximately 61 at the conclusion of it. He is now some 66 years of age.
The offender was known to the families of each victim, and all seven victims were under the age of ten years at the time of the offending.
The offender has been remanded in custody since his arrest on 20 December 2021 solely in respect of these matters, that being a period of approximately two years and eight or nine months. The offender is not entitled to any discount for the utility of a plea as there was no plea of guilty, all counts being defended. There is no dispute between the parties as to the appropriate facts that…

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 Charlton

Details

AGLC: R v Charlton [2024] NSWDC 633
Case: [2024] NSWDC 633
Decision Date: 28 August 2024

CaseChat Overview and Summary

In the matter of the Crown versus Charlton, the High Court of Australia was tasked with determining an appropriate sentence for the appellant following his conviction for multiple counts of sexual offences against seven victims, all of whom were under the age of 10 at the time of the offences. The offences, which spanned a period of 23 years from May 1995 to January 2019, involved nine separate incidents, with the appellant committing these acts against the victims in the home of the victims. The court was required to consider both the objective seriousness of the offences and any aggravating factors, including the breach of trust and the appellant's position of authority over the victims. The court also had to consider the subjective matters related to the appellant, including his background and any mitigating factors that may have been present.

The primary legal issue the court had to address was the appropriate sentence for the appellant, taking into account the objective seriousness of the offences, the number of victims, and the length of time over which the offences were committed. The court also had to consider any aggravating factors, such as the breach of trust and the appellant's position of authority over the victims, as well as any mitigating factors that may have been present. In determining the sentence, the court had to balance the need to protect the community and deter similar offending with the need to provide the appellant with an opportunity for rehabilitation and reintegration into society.

The court found that the appellant's offending was of a high degree of objective seriousness, given the nature of the offences and the number of victims involved. The court also found that there were significant aggravating factors present, including the breach of trust and the appellant's position of authority over the victims. The court considered the subjective matters related to the appellant but found that they did not outweigh the aggravating factors. The court ultimately determined that the appropriate sentence for the appellant was a total term of 16 years, comprising a non-parole period of 12 years commencing on 20 December 2021, first eligible for parole on 19 December 2033, and a balance of term of 4 years expiring on 19 December 2037. The court found that this sentence was sufficient to protect the community, provide deterrence, and offer the appellant an opportunity for rehabilitation and reintegration into society.

The court did not find any special circumstances present in this case. The final orders of the court were that the appellant be sentenced to a total term of 16 years, comprising a non-parole period of 12 years commencing on 20 December 2021, first eligible for parole on 19 December 2033, and a balance of term of 4 years expiring on 19 December 2037. The court also noted that the appellant would be required to register as a sex offender and comply with any other conditions that may be imposed by the court.

Orders

Orders of the court

Indicative sentences:

21 counts - see attached Table of Charges

Aggregate Sentence:

Convicted. Sentenced to a total term of 16 years, comprising a non-parole period of 12 years commencing on 20 December 2021, first eligible for parole on 19 December 2033, and a balance of term of 4 years expiring on 19 December 2037

No special circumstances found.

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 Charlton [2024] NSWDC 633
Hearing dates:	19 February 2024, 23 August 2024
Decision date:	28 August 2024
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Indicative sentences: 21 counts - see attached Table of Charges Aggregate Sentence: Convicted. Sentenced to a total term of 16 years, comprising a non-parole period of 12 years commencing on 20 December 2021, first eligible for parole on 19 December 2033, and a balance of term of 4 years expiring on 19 December 2037 No special circumstances found.
Catchwords:	CRIME – Sentencing – sexual offending against 7 victims under 10 years old –- 9 separate incidents spread over 23 years from May 1995 to January 2019 – uncharged acts – objective seriousness of offences - aggravating factors - breaches of trust – offences in home of victim - victims under authority - subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Chiro v R HCA 37 DPP v Burton [2020] NSWCCA 54 Kennedy v R [2022] NSWCCA 215 RvLulham [2016] NSWCCA 287 R v Way [2004] NSWCCA 131
Category:	Sentence
Parties:	Regina Charlton, Peter William
Representation:	Counsel: Defence: Mr B Murray Solicitors: Crown: Ms A Mifsud ODPP Ms R Atkinson/Mr B Williams-Styles ODPP Defence: Mr J Wallace Ramsland Laidler
File Number(s):	2022/00360702; 2022/00360722
Publication restriction:	NPO in respect of the names of the complainants and anything that might tend to identify them.