R v Crawford - [2023] NSWDC 203

District Court

New South Wales

Medium Neutral Citation: R v Crawford [2023] NSWDC 203
Hearing dates: 12 May 2023
Date of orders: 16 June 2023
Decision date: 16 June 2023
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Non-custodial sentence imposed. For orders see [91]-[93].

Catchwords:
Crime – Intentionally sexually touch child between 10 and 16 years – indecent assault person under 16 years of age – sexually touch another person without consent – attempt to intentionally sexually touch child between 10 and 16 years.

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

Cases Cited:
Gale v R [20221] NSWCCA 16
R v Gavel [2014] NSWCCA 56
R v Gent [2005] NSWCCA 370
R v Mauger [2012] NSWCCA 51

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Peter Albert Crawford (Offender)
Representation:
Counsel:
R O’Meagher (Crown)
R Webb (Offender)
M Voleynik (Offender)
Solicitors:
T Lumsden (Crown)
M Stone (Offender)

File Number(s): 2020/359286 & 2021/83687
Publication restriction: Section 578A of the Crimes Act 1900 and s15A of the Children (Criminal Proceedings) Act 1987 apply so as to prohibit the publication of any material which may identify or is likely to lead to the identification of the complainants in the proceedings.

REMARKS on sentence

On 7 February 2023 the offender pleaded not guilty upon arraignment on an Indictment containing 16 counts and one alternative count (Count 2). On 9 March 2023 the jury returned verdicts of guilty in respect of Counts 1, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 16 and 17.
Count 1 is an offence pursuant to s61M(2) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment and a standard non-parole period of 8 years. Counts 3 and 17 are offences pursuant to s61KC(a) of the Crimes Act 1900 and carry a maximum penalty of 5 years imprisonment.
Counts 5 to 11, 14 and 16 are offences pursuant to s66DB(a) of the Crimes Act 1900 and carry a maximum penalty of 10 years imprisonment. Count 13 is an offence of attempt an offence pursuant to s66DB(a) of the Crimes Act 1900 and also carries a maximum penalty of 10 years imprisonment.
The offender was arrested on 18 February 2020 and on 25 March 2021. Since then he has been on bail subject to strict reporting, residency and non-association restrictions.

The sentence hearing

The sentence hearing took place on 12 May 2023. The following is my summary of facts which may be derived from the jury verdicts in respect of each count as follows:-

Count 1 – offence pursuant to s61M(2) of the Crimes Act 1900 – indecent assault on LL a child then under the age of 16 years, namely, 15 years.

The complainant LL was born on 25 January 2001 and had been a parishioner of the RC church since she was five. In 2016 she began playing music at the Saturday vigil mass and in the same year she took over from the choir master when she…

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 Crawford

Details

AGLC: R v Crawford [2023] NSWDC 203
Case: [2023] NSWDC 203
Decision Date: 16 June 2023

CaseChat Overview and Summary

The case of R v Crawford was heard in the relevant Australian court where the defendant was charged with multiple offences related to sexual conduct with a child. The complainant, who was between the ages of 10 and 16 during the alleged incidents, accused the defendant of intentionally sexually touching her and attempting to do so on another occasion. Additionally, the defendant was charged with indecently assaulting a person under 16 years of age and sexually touching another person without their consent. The court was tasked with determining the defendant's guilt on these charges and, if found guilty, to determine an appropriate sentence.

The central legal issues the court had to address were whether the defendant's actions constituted the specific offences charged and, if so, the appropriate sentence given the circumstances. The court needed to carefully consider the definitions and elements of the relevant offences, including the age of consent and the nature of the sexual acts alleged. It was also important to assess the credibility and reliability of the complainant's evidence, as well as any mitigating or aggravating factors that might influence the sentencing decision.

The court concluded that the defendant was guilty of the charges against him. In reaching this decision, it found the complainant's evidence to be credible and reliable. In terms of sentencing, the court took into account various factors, including the defendant's background, the impact of the offences on the victims, and the principles of justice and deterrence. Ultimately, the court decided that a non-custodial sentence was appropriate, taking into consideration the defendant's lack of a criminal record and the circumstances of the offences. The specific orders and conditions of the sentence were detailed in the court's final orders, which were made between paragraphs [91] and [93] of the judgment.

Orders

Orders of the court

Non-custodial sentence imposed. For orders see [91]-[93].

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 Crawford [2023] NSWDC 203
Hearing dates:	12 May 2023
Date of orders:	16 June 2023
Decision date:	16 June 2023
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Non-custodial sentence imposed. For orders see [91]-[93].
Catchwords:	Crime – Intentionally sexually touch child between 10 and 16 years – indecent assault person under 16 years of age – sexually touch another person without consent – attempt to intentionally sexually touch child between 10 and 16 years.
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Gale v R [20221] NSWCCA 16 R v Gavel [2014] NSWCCA 56 R v Gent [2005] NSWCCA 370 R v Mauger [2012] NSWCCA 51
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Peter Albert Crawford (Offender)
Representation:	Counsel: R O’Meagher (Crown) R Webb (Offender) M Voleynik (Offender) Solicitors: T Lumsden (Crown) M Stone (Offender)
File Number(s):	2020/359286 & 2021/83687
Publication restriction:	Section 578A of the Crimes Act 1900 and s15A of the Children (Criminal Proceedings) Act 1987 apply so as to prohibit the publication of any material which may identify or is likely to lead to the identification of the complainants in the proceedings.