R v Croft

[2022] NSWDC 367

District Court

New South Wales

Medium Neutral Citation:

R v Croft [2022] NSWDC 367

Hearing dates:

1/2/22-8/2/22, 1/4/22, 14/4/22

Date of orders:

14/4/22

Decision date:

14 April 2022

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate term of imprisonment of 5 years 6 months with a NPP of 3 years 8 months (14/4/22-13/12/25). I find special circumstances.

The indicative sentences are:

Count 1 – 3 years

Count 2 – 2 years

Count 3 – 2 years

Count 4 – 2 years 9 months with NPP 1 year 10 months

Count 5 – 1 year with NPP 8 months

Count 6 – 6 months

Catchwords:

Crime – Sentence – Aggravated act of indecency – Under 16 years

Legislation Cited:

Crimes Act 1900

Cases Cited:

AB v R [2020] NSWCCA 170

DPP v IJL [2019] NSWLC 2

R v Doyle [2021] NSWDC 21

R v MJR [2002] 54 A Crim R 368

R v PGM [2008] 187 A Crim R 152

WG v R [2019] NSWCCA 263

Category:

Sentence

Parties:

NSW DPP – Crown
Paul Croft - Offender

Representation:

Mr R Munro for Crown
Mr A Metcalfe for Offender

File Number(s):

2020/204620

Publication restriction:

Statutory non-publication order re the identity of the complainant.

SENTENCE

1. The offender Paul Croft stood trial before a jury on an indictment containing six counts, and on 8 February 2022, the jury found him guilty of all counts. He is now to be sentenced in relation to the following offences.

2. Counts one, four and five, each involve an offence under s 61M(1) of the Crimes Act 1900, being offences of committing an act of indecency in circumstances of aggravation, namely that the victim was under the age of 16 years. The maximum penalty for each of those offences is seven years imprisonment and a standard non-parole period of five years is now specified. However, I note that the standard non-parole period for this offence was not introduced until 1 February 2003. As the date range for count one commences before that date, and as the evidence is not specific as to the date of the count one offence, I intend, as accepted by the Crown and the defence, to assume that the standard non-parole period does not apply in relation to the count one offence.

3. Mr Croft is also to be sentenced on the count two offence, which is one of committing an act of indecency towards the victim, being a person under 16 years of age, in circumstances of aggravation, namely that she was under his authority. That is an offence under s 61O of the Crimes Act 1900, and carries a maximum penalty of five years imprisonment, although no standard non-parole period.

4. Count three also is an offence under s 61O of inciting the victim, who was under the age of 16 years, to commit an act of indecency in circumstances of aggravation, namely that she was under his authority. Again, the maximum penalty is five years imprisonment, and…