R v David Ford - [2018] NSWDC 183

District Court

New South Wales

Medium Neutral Citation: R v David FORD [2018] NSWDC 183
Hearing dates: 26 February 2018 – 7 March 2018
Date of orders: 15 March 2018
Decision date: 15 March 2018
Jurisdiction: Criminal
Before: Tupman DCJ
Decision:
AR:
Count 1: Fixed term of imprisonment of 6 months.
GM:
Counts 2 and 3: Fixed term of imprisonment of 12 months.
GJ:
Count 4: Fixed term of imprisonment of 12 months
Count 5, 6, 7, 8, 9, 10, 11, 13, and 14: fixed term of imprisonment of 18 months.
Count 12: NPP of 2 years with parole thereafter of 3 years, giving rise to an overall term of 5 years.
Count 15: Fixed term of imprisonment for a period of 18 months.
GF:
Count 16 Fixed term of imprisonment of 3 months.
AJ:
Counts 4 and 6 Fixed term of imprisonment of 2 years.
Overall Non-Parole Period of 5 years with overall parole thereafter of 3 years giving to an overall term of 8 years imprisonment.
Catchwords: CRIMINAL – Sentence – Committed for Trial – Late guilty plea – 18 Counts – Historical child sexual assault – Indecent assault - Attempt sexual intercourse – Sexual intercourse – Grooming – under 16, between 11 and 15 – No criminal record – committed over a period of at least 10 years – Myriad of medical problems – Strict bail conditions- Good prospects of rehabilitation – aggravated indecent assault mid-range objective seriousness – small discount for plea of guilty
Legislation Cited: Crimes Act; s61E, 61M, 61J, 66C,
Crimes (Sentencing Procedure) Act; s 21A(5A)
Cases Cited: PWB v R [2011] NSWCCA 84
Category: Sentence
Parties: David Ford
The Crown
Representation: Counsel:
F/W Mr Ford: Mr Winch
Crown: Mr Todd

File Number(s): 2016/62674; 2016/257888; 2016/257872; 2016/257863; 2016/257875

Judgment

Her Honour: The offender David Ford is before the Court for sentence on 18 separate counts which fall into the overall category known as historical child sexual assault offences. These are ultimately for sentence following pleas of guilty but in each case the pleas were entered late. The pleas are entered to counts in two separate indictments as follows; the first indictment is dated 28 February 2018. There are pleas of guilty to 16 separate counts involving four different victims. I will be using initials when referring to these victims to ensure that there is no publication of anything that might identify them.
The individual counts in that indictment are as follows; Count 1 that between 12 May 1987 and 11 May 1989 at Cooma the offender indecently assaulted AR who was then under 16, namely 12 or 13. This offence is contrary to section 61E of the Crimes Act which at that time carried a maximum penalty of four years imprisonment.
Counts 2 and 3 allege that between 1 October 1991 and 31 January 1992 at Cooma the offender indecently assaulted GM in circumstances of aggravation those being that he was under the age of 16 at the time, namely 12. These two offences…

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 David Ford

Details

AGLC: R v David Ford [2018] NSWDC 183
Case: [2018] NSWDC 183
Decision Date: 15 March 2018

CaseChat Overview and Summary

The matter before the court involved a defendant, David Ford, charged with multiple counts of historical child sexual assault. The court had to determine an appropriate sentence for the defendant who had entered a late guilty plea on 18 counts of offences against children under the age of 16, committed over a period of at least a decade. The charges included indecent assault, attempted sexual intercourse, sexual intercourse, and grooming. The defendant had no prior criminal record and was suffering from a variety of medical issues. The court also had to consider the strict bail conditions he had been under during the trial and his prospects for rehabilitation.

The legal issues the court needed to address were the appropriate sentence for each of the 18 counts, taking into account the nature and circumstances of the offences, the objective seriousness, and the need for deterrence and rehabilitation. The court was also required to consider the plea of guilty and its impact on sentencing, as well as the cumulative effect of the offences. Additionally, the court needed to balance the need for punishment and deterrence with the potential for rehabilitation.

The court found the offences to be of mid-range objective seriousness, with a small discount for the late plea of guilty. The court took into account the defendant's lack of a criminal record, his medical problems, and his prospects for rehabilitation. The court imposed varying fixed terms of imprisonment and non-parole periods for each count, with an overall non-parole period of five years and parole thereafter of three years, giving rise to an overall term of eight years imprisonment. The court considered that the sentence would adequately address the need for punishment, deterrence, and rehabilitation.

The court ordered that the defendant serve specific fixed terms and non-parole periods for each count, with an overall non-parole period of five years and parole thereafter of three years, giving rise to an overall term of eight years imprisonment.

Orders

Orders of the court

AR:

Count 1: Fixed term of imprisonment of 6 months.

GM:

Counts 2 and 3: Fixed term of imprisonment of 12 months.

GJ:

Count 4: Fixed term of imprisonment of 12 months

Count 5, 6, 7, 8, 9, 10, 11, 13, and 14: fixed term of imprisonment of 18 months.

Count 12: NPP of 2 years with parole thereafter of 3 years, giving rise to an overall term of 5 years.

Count 15: Fixed term of imprisonment for a period of 18 months.

GF:

Count 16 Fixed term of imprisonment of 3 months.

AJ:

Counts 4 and 6 Fixed term of imprisonment of 2 years.

Overall Non-Parole Period of 5 years with overall parole thereafter of 3 years giving to an overall term of 8 years imprisonment.

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 David FORD [2018] NSWDC 183
Hearing dates:	26 February 2018 – 7 March 2018
Date of orders:	15 March 2018
Decision date:	15 March 2018
Jurisdiction:	Criminal
Before:	Tupman DCJ
Decision:	AR: Count 1: Fixed term of imprisonment of 6 months. GM: Counts 2 and 3: Fixed term of imprisonment of 12 months. GJ: Count 4: Fixed term of imprisonment of 12 months Count 5, 6, 7, 8, 9, 10, 11, 13, and 14: fixed term of imprisonment of 18 months. Count 12: NPP of 2 years with parole thereafter of 3 years, giving rise to an overall term of 5 years. Count 15: Fixed term of imprisonment for a period of 18 months. GF: Count 16 Fixed term of imprisonment of 3 months. AJ: Counts 4 and 6 Fixed term of imprisonment of 2 years. Overall Non-Parole Period of 5 years with overall parole thereafter of 3 years giving to an overall term of 8 years imprisonment.
Catchwords:	CRIMINAL – Sentence – Committed for Trial – Late guilty plea – 18 Counts – Historical child sexual assault – Indecent assault - Attempt sexual intercourse – Sexual intercourse – Grooming – under 16, between 11 and 15 – No criminal record – committed over a period of at least 10 years – Myriad of medical problems – Strict bail conditions- Good prospects of rehabilitation – aggravated indecent assault mid-range objective seriousness – small discount for plea of guilty
Legislation Cited:	Crimes Act; s61E, 61M, 61J, 66C, Crimes (Sentencing Procedure) Act; s 21A(5A)
Cases Cited:	PWB v R [2011] NSWCCA 84
Category:	Sentence
Parties:	David Ford The Crown
Representation:	Counsel: F/W Mr Ford: Mr Winch Crown: Mr Todd
File Number(s):	2016/62674; 2016/257888; 2016/257872; 2016/257863; 2016/257875