R v Deer - [2014] NSWDC 24

District Court

New South Wales

Medium Neutral Citation: R v Deer [2014] NSWDC 24
Decision date: 24 January 2014
Before: Cogswell SC DCJ
Decision:
Partially accumulated aggregate sentence of 8 years and 3 months. Non-parole period of 5 years and 4 months.

Catchwords: CRIMINAL LAW - Particular offences - offences against the person - sexual intercourse with a child aged between 10 and 16 - man engaged in full sexual relations with teenage niece several times over a year. Sentence - relevant factors - gravity of offence - objectively very serious - not absolutely worst category - offence committed in victim's home - aggravating under s 21A - substantial emotional harm caused to victim - aggravating under s 21A - vulnerability due to young age - not specifically aggravating under s 21A - age an element of the offence - response to charges - guilty plea - lack of remorse - offender's disregard for victim's well being - nature and circumstance of offender - prior criminality - dysfunctional childhood - limited education and employment - drug, alcohol and mental health issues - low risk of re-offending - special circumstances - need for counselling and assistance in the community. Sentence procedure - relevant material - victim impact statement read in court - courageous and articulate.
Legislation Cited: Crimes Act 1900 (NSW), s 66C(2).
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(g), 53A.
Cases Cited: King v R [2010] NSWCCA 33.
R v Youkhana [2004] NSWCCA 412.
Category: Sentence
Parties: Regina (Crown)
Graeme Deer (Offender)
Representation: Counsel:
P Winch (Offender)
Solicitor:
Office of the Director of Public Prosecutions (NSW) (Crown)

File Number(s): DC 2013/00006594
Publication restriction: * Pseudonyms have been used in this judgment. Pursuant to s 578A Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute and, in some cases, replaced with pseudonyms (which are colours).

REMARKS ON SENTENCE

I am sentencing a man who as an adult in his twenties persistently engaged in full sexual relations with his teenage niece. She was in her early to mid-teens. The conduct went on for a period of over a year and at one stage the victim became pregnant and terminated the pregnancy. The offending behaviour brought about substantial emotional harm to the victim.

I am sentencing the offender for four offences, although the sexual engagement occurred many more times. The reference to the extended number of times is to put the four offences into context. It is important to appreciate that I am sentencing the offender for only four offences.

The offender's name is Graeme Deer. He has just turned 41. The victim of his crimes is Willow White. She is nine years younger than Mr Deer. Mr Deer is her mother's brother.

The details of the offences are set out in what is called the agreed facts. This is…

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 Deer

Details

AGLC: R v Deer [2014] NSWDC 24
Case: [2014] NSWDC 24
Decision Date: 24 January 2014

CaseChat Overview and Summary

The case of R v Deer involved the defendant who was convicted of engaging in full sexual relations with his teenage niece on multiple occasions over a period of one year. The dispute was heard in the County Court of Victoria, where the defendant was sentenced for his crimes. The central legal issue the court had to address was the determination of an appropriate sentence for the offence, considering both the gravity of the crime and the mitigating factors presented by the defendant. The court needed to balance the severity of the sexual abuse against the defendant's background, including his dysfunctional upbringing, limited education and employment, as well as his drug, alcohol, and mental health issues.

In assessing the appropriate sentence, the court placed significant weight on the gravity of the offence, characterising it as objectively very serious but not the absolute worst category. The fact that the abuse occurred in the victim's home and the substantial emotional harm caused to the victim were both considered aggravating factors under section 21A of the Sentencing Act. The court also noted the defendant's lack of remorse and disregard for the victim's wellbeing as factors that weighed against him. However, the court recognised the defendant's low risk of re-offending and his need for counselling and assistance in the community as mitigating factors. The court further acknowledged the defendant's guilty plea, which was a significant factor in determining the sentence.

Following a comprehensive analysis of the evidence and arguments presented, the court decided on a partially accumulated aggregate sentence of 8 years and 3 months imprisonment. The non-parole period was set at 5 years and 4 months, reflecting the court's consideration of both the severity of the offence and the defendant's personal circumstances. The court's decision was informed by the victim impact statement, which was read in court and described as courageous and articulate, providing insight into the profound impact of the crime on the victim.

Orders

Orders of the court

Partially accumulated aggregate sentence of 8 years and 3 months. Non-parole period of 5 years and 4 months.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Deer [2014] NSWDC 24
Decision date:	24 January 2014
Before:	Cogswell SC DCJ
Decision:	Partially accumulated aggregate sentence of 8 years and 3 months. Non-parole period of 5 years and 4 months.
Catchwords:	CRIMINAL LAW - Particular offences - offences against the person - sexual intercourse with a child aged between 10 and 16 - man engaged in full sexual relations with teenage niece several times over a year. Sentence - relevant factors - gravity of offence - objectively very serious - not absolutely worst category - offence committed in victim's home - aggravating under s 21A - substantial emotional harm caused to victim - aggravating under s 21A - vulnerability due to young age - not specifically aggravating under s 21A - age an element of the offence - response to charges - guilty plea - lack of remorse - offender's disregard for victim's well being - nature and circumstance of offender - prior criminality - dysfunctional childhood - limited education and employment - drug, alcohol and mental health issues - low risk of re-offending - special circumstances - need for counselling and assistance in the community. Sentence procedure - relevant material - victim impact statement read in court - courageous and articulate.
Legislation Cited:	Crimes Act 1900 (NSW), s 66C(2). Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(g), 53A.
Cases Cited:	King v R [2010] NSWCCA 33. R v Youkhana [2004] NSWCCA 412.
Category:	Sentence
Parties:	Regina (Crown) Graeme Deer (Offender)
Representation:	Counsel: P Winch (Offender) Solicitor: Office of the Director of Public Prosecutions (NSW) (Crown)
File Number(s):	DC 2013/00006594
Publication restriction:	* Pseudonyms have been used in this judgment. Pursuant to s 578A Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute and, in some cases, replaced with pseudonyms (which are colours).