R v Coulton Trevor - [2010] NSWDC 219

CITATION: R v COULTON Trevor [2010] NSWDC 219
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7/5/10, 28/6/10, 16/8/10, 10/9/10

JUDGMENT DATE:
5 October 2010

JURISDICTION: CRIMINAL JURISDICTION

JUDGMENT OF: Finnane QC DCJ

DECISION: Counts 1 and 4 - I sentence the offender in each case to imprisonment for a period of 12 months as a fixed term. The sentence in each case commences today, 5th October 2010 and concludes on 4th October 2011.
Count 2 – I sentence the offender to a non-parole period of 5 years and a head sentence of 10 years. It will be cumulative on the sentences for the first and fourth counts. The non-parole period commences on 5th October 2011 and concludes on 4th October 2016. The balance of the term commences on 5th October 2016 and concludes on 4th October 2021.
Count 3. I sentence the offender to a non-parole period of 5 years and a head sentence of 10 years. It will be cumulative on the sentences for the first and fourth counts and partly cumulative on the sentence for count 2.
The non-parole period commences on 5th October 2012 and concludes on 4th October 2017. The balance of the term commences on 5th October 2017 and concludes on 4th October 2022.
I recommend that he be conveyed to the Long Bay Medical Surgical Unit for assessment.

CATCHWORDS: CRIMINAL LAW - sexual offences - sexual intercourse - act of indecency - circumstances of aggravation - sentence - relevant factors - hardship (no) - exceptional circumstances (medical needs) (no)- special circumstances (first time offender) (yes)-

LEGISLATION CITED: Section 61O, 66D, 66 C(2), 61O Crimes Act 1900 (NSW)
Section 160 Crimes (Administration of sentences) Act 1999 (NSW)

CASES CITED: R v Burrell (2000) 114 A Crim R 207

PARTIES: Regina
Trevor COULTON

FILE NUMBER(S): 2008/00000649; 2008/00019158

COUNSEL: Mr E Ozen (for offender)

SOLICITORS: Office of Director of Public Prosecutions
Peacockes Solicitors (for offender)

1. The offender, Trevor Coulton, was convicted by a jury at trial of four offences, namely:

1. Inciting JD, a boy of 11, under his authority, to commit an act of indecency with him. Sec 61O Crimes Act 1900 (NSW) – 5 years maximum;

2. Attempted sexual intercourse with JD, a boy of 11 under his authority. Sec 66D Crimes Act 1900 (NSW) - 20 years maximum;

3. Sexual intercourse with JD, a boy of 11 under his authority. Sec 66 C(2) Crimes Act 1900 (NSW) - 20 years maximum;

Crimes Act 1900

2. All the offences took place in a shed next to the house which he shared with the complainant’s grandmother. This shed was full of equipment and was very congested. The offender would sit on a chair and engage in sexual activity with the complainant while he was seated.

3. The…

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 Coulton Trevor

Details

AGLC: R v Coulton Trevor [2010] NSWDC 219
Case: [2010] NSWDC 219
Decision Date: 5 October 2010

CaseChat Overview and Summary

The case of R v Coulton Trevor involved the defendant being found guilty on four counts: sexual intercourse, act of indecency, and two counts of aggravated circumstances. The case was heard and determined by the Supreme Court. The primary legal issues revolved around the appropriate sentencing for each count, considering the nature of the offences and the circumstances surrounding them. Additionally, the court had to evaluate whether any exceptional, special, or hardship factors warranted a modification of the standard sentencing guidelines.

The court meticulously examined the severity and aggravating factors of each offence, as well as the defendant's background, including his status as a first-time offender. Despite the defendant's plea for consideration of medical needs and potential hardship, the court found no exceptional or special circumstances that would warrant a deviation from the standard sentencing approach. The court's decision was influenced by the gravity of the offences and the necessity to uphold the integrity of the justice system by imposing penalties that reflect the seriousness of the crimes committed.

In delivering the sentence, the court imposed a fixed term of 12 months for counts 1 and 4, with both sentences to commence immediately and conclude on 4th October 2011. For counts 2 and 3, the court imposed a non-parole period of 5 years and a head sentence of 10 years for each count, with the sentences to be cumulative with those of counts 1 and 4. The court recommended that the defendant be conveyed to the Long Bay Medical Surgical Unit for assessment, ensuring that his medical needs are adequately addressed during his incarceration.

The final orders of the court included specific details on the commencement and conclusion dates for each sentence, ensuring clarity and precision in the execution of the judicial decision. The court's ruling underscores the importance of balancing the need for punishment with the consideration of individual circumstances, ultimately aiming to deliver justice that is both fair and deterrent.

Orders

Orders of the court

Counts 1 and 4 - I sentence the offender in each case to imprisonment for a period of 12 months as a fixed term. The sentence in each case commences today, 5th October 2010 and concludes on 4th October 2011.

Count 2 – I sentence the offender to a non-parole period of 5 years and a head sentence of 10 years. It will be cumulative on the sentences for the first and fourth counts. The non-parole period commences on 5th October 2011 and concludes on 4th October 2016. The balance of the term commences on 5th October 2016 and concludes on 4th October 2021.

Count 3. I sentence the offender to a non-parole period of 5 years and a head sentence of 10 years. It will be cumulative on the sentences for the first and fourth counts and partly cumulative on the sentence for count 2.

The non-parole period commences on 5th October 2012 and concludes on 4th October 2017. The balance of the term commences on 5th October 2017 and concludes on 4th October 2022.

I recommend that he be conveyed to the Long Bay Medical Surgical Unit for assessment.

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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CITATION:	R v COULTON Trevor [2010] NSWDC 219 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	7/5/10, 28/6/10, 16/8/10, 10/9/10
JUDGMENT DATE:	5 October 2010
JURISDICTION:	CRIMINAL JURISDICTION
JUDGMENT OF:	Finnane QC DCJ
DECISION:	Counts 1 and 4 - I sentence the offender in each case to imprisonment for a period of 12 months as a fixed term. The sentence in each case commences today, 5th October 2010 and concludes on 4th October 2011. Count 2 – I sentence the offender to a non-parole period of 5 years and a head sentence of 10 years. It will be cumulative on the sentences for the first and fourth counts. The non-parole period commences on 5th October 2011 and concludes on 4th October 2016. The balance of the term commences on 5th October 2016 and concludes on 4th October 2021. Count 3. I sentence the offender to a non-parole period of 5 years and a head sentence of 10 years. It will be cumulative on the sentences for the first and fourth counts and partly cumulative on the sentence for count 2. The non-parole period commences on 5th October 2012 and concludes on 4th October 2017. The balance of the term commences on 5th October 2017 and concludes on 4th October 2022. I recommend that he be conveyed to the Long Bay Medical Surgical Unit for assessment.
CATCHWORDS:	CRIMINAL LAW - sexual offences - sexual intercourse - act of indecency - circumstances of aggravation - sentence - relevant factors - hardship (no) - exceptional circumstances (medical needs) (no)- special circumstances (first time offender) (yes)-
LEGISLATION CITED:	Section 61O, 66D, 66 C(2), 61O Crimes Act 1900 (NSW) Section 160 Crimes (Administration of sentences) Act 1999 (NSW)
CASES CITED:	R v Burrell (2000) 114 A Crim R 207
PARTIES:	Regina Trevor COULTON
FILE NUMBER(S):	2008/00000649; 2008/00019158
COUNSEL:	Mr E Ozen (for offender)
SOLICITORS:	Office of Director of Public Prosecutions Peacockes Solicitors (for offender)