R v Denham

[2015] NSWDC 21

District Court

New South Wales

Medium Neutral Citation:	R v Denham [2015] NSWDC 21
Hearing dates:	22 and 25 August 2014, 20 November 2014
Decision date:	23 January 2015
Jurisdiction:	Criminal
Before:	H. L. Syme DCJ
Decision:	The offender is sentenced to an aggregate term of imprisonment of 18 years, to commence on 23 January 2015 and expiring on 22 January 2033 with a non-parole period of 13 years.
Catchwords:	CRIMINAL LAW – Sentence – Historical Child Sex Offences – Multiple Offences – Catholic Priest – Aggravating Features - Planning – Possibility of Death in Custody
Legislation Cited:	Crimes Act 1900
Cases Cited:	R v PWH (unreported) CCA 20.2.92 R v DCM (unrep 26/10/93, NSWCCA)
Category:	Principal judgment
Parties:	The Crown John Sidney Denham
Representation:	Counsel: O’Brien (DPP) Averre (Offender)
File Number(s):	2011/00382572 and 2012/00211543
Publication restriction:	Non publication order relating to anything that identifies any complainants

Judgment

1. The offender was born in September 1942 and is now 73 years of age. Between 1968 and 1986 he committed multiple sexual offences against male children whom he met through his official capacity as teacher and priest with the Catholic Church.

2. In August 2008 he was arrested and charged with a number of offences relating to this time. He pleaded guilty to 29 separate offences, taking into account 32 allied matters on 20 form 1 schedules, for offending against 39 male children. He has been in custody since the 14th August 2008, serving a sentence of 19 years and 10 months with a non-parole period of 13 years and 10 months. His first available date for release is 13 June 2022. Reasons for decision were handed down in July 2010. [1]

   1. .R v Denham2009/10327 .2/07/2009

3. Investigations continued and a further 18 men made statements to police in similar terms to the previous complaints; that is that they had been sexually abused as children when they were under his care or authority as a teacher or priest. The offender was subsequently charged on 30 November 2011. He pleaded not guilty. On 31 July 2013 as the trial was due to commence, he entered a plea of guilty to 25 separate charges with a further 23 charges to be taken into account on 14 form 1 schedules.

4. This sentence relates to those later offences. As they were committed in the same time frame as the previous matters, often in similar circumstances there is some overlap of findings and sentence considerations. The totality of all of the offending behaviour gives rise to considerations of accumulation and concurrency with the previous offences. To some extent therefore it is necessary to revisit some of those considerations and findings. Much of the background information is the same. For ease of interpreting these reasons and to avoid repetition where appropriate I will reference the previous reasons by footnote.

5. The general background to these matters and the offender’s position as priest and teacher is as contained in the 2010 decision. [2] It was after publicity for those matters that…