R v Dorsett - [2023] NSWDC 537

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Dorsett [2023] NSWDC 537
Hearing dates: 5 June 2023, 6 June 2023
Decision date: 09 June 2023
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Indicative sentences:
H664-1 – [JL 2022/00029377/001] - 2 years
H664-4 – [JL 2022/00029377/004] – 2 years, 6 months
H408–1 – [JL 2022/00080450/001] - 2 years, 6 months
H664-6 – [JL 2022/00029377/006] - 2 years, 6 months
H408-3 – [JL 2022/00080450/003] - 2 years, 6 months
H866-1 – [JL 2021/00313238/001] - 9 months
H362-2 – [JL 2021/00313247/002] -
+ Form 1 H362-3 – [JL 2021/00313247/003] 6 years NP 3 years
H362-6 – [JL 2021/00313247/006 ] - 2 years, 6 months
Aggregate sentence:
Special circumstances found – 1st time in custody, need for a very lengthy period on supervised parole to assist him in respect of sexual offending and to return to a law-abiding life in the community.
Sentenced to a term of imprisonment for 10 years comprising a non-parole period of 5 years to commence on 4 November 2021 and to expire on 3 November 2026, upon which date the offender is eligible for release to parole, and a balance of term of 5 years to commence on 4 November 2026 and to expire on 3 November 2031.

Catchwords:
CRIMINAL – sentence - sexual intercourse with a child aged 14 and under 16 years (x 6) – 4 victims - intentionally sexually touch child aged 10yrs & under 16yrs – Form 1 matter – offender aged 21-23 years at time of offending – mild intellectual disability - contextual relevance of uncharged offences – Victim Impact Statements - general and specific deterrence – subjective matters

Legislation Cited:
CrimesAct 1900
Crimes(SentencingProcedure)Act1999

Cases Cited:
Attorney-General’s Application Number 1 of 2002 (2002) NSWCCA 518
Ibornone v R [2017] NSWCCA 144
R v Nelson [2016] NSWCCA 130

Category: Sentence
Parties: Regina
Dorsett, Benjamine
Representation:
Counsel:
Defence: Ms M Cusack
Solicitors:
ODPP: Ms A Mifsud, Ms E Lyte
Defence: Ms T Randall Randall Legal

File Number(s): 2021/00313238 2021/00313247 2022/00080450 2022/00029377
Publication restriction: NPO in respect of the names of the complainants and anything that might tend to identify them.

JUDGMENT

HIS HONOUR: Benjamine Dorsett appears for sentence in respect of a number of offences. There are six offences contrary to s 66C(3) of the Crimes Act 1900. The maximum penalty provided for any offence of that nature is ten years’ imprisonment and there is no relevant standard non-parole period. There is a further charge contrary to s 66DB(a). The maximum penalty in respect of that offence is ten years’ imprisonment and there is no standard non-parole period. There is one offence contrary to s 66C(1) and also another offence of exactly the same nature to be taken into account on a Form 1. The maximum penalty in relation to offences contrary to s 66C(1) of the Crimes Act is 16 years and there is a relevant standard non-parole period of seven years.
I will…

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 Dorsett

Details

AGLC: R v Dorsett [2023] NSWDC 537
Case: [2023] NSWDC 537
Decision Date: 09 June 2023

CaseChat Overview and Summary

In the matter of the Crown versus Dorsett, the Supreme Court of Victoria was called upon to determine the appropriate sentence for the defendant, Dorsett, who had been convicted of multiple sexual offences against children. The offences included engaging in sexual intercourse with four victims, aged between 14 and under 16 years, as well as intentionally sexually touching a child aged between 10 and under 16 years. The case was heard as a Form 1 matter, indicating the gravity of the crimes and the need for a comprehensive sentencing approach.

The court was required to address several legal issues, including the relevance of uncharged offences in sentencing, the impact of Dorsett’s mild intellectual disability, and the consideration of general and specific deterrence. Additionally, the court took into account Victim Impact Statements and the need for Dorsett to be assisted in rehabilitating his behaviour, particularly given his first-time incarceration status and the lengthy period he would need on supervised parole to reintegrate into the community.

The court found that while the crimes were of a serious nature, the mitigating factors such as Dorsett's first-time incarceration and his mild intellectual disability warranted a balanced approach to sentencing. The court determined that an aggregate sentence of 10 years imprisonment was appropriate, with a non-parole period of 5 years. This decision aimed to balance the need for punishment and deterrence with the opportunity for Dorsett to rehabilitate and reintegrate into society under supervision.

The court ordered Dorsett to serve a term of imprisonment for 10 years, with a non-parole period of 5 years, starting from 4 November 2021 and expiring on 3 November 2026, followed by a balance of term of 5 years. The sentencing took into account the serious nature of the crimes and the need for Dorsett to undergo a lengthy period of supervised parole to assist in his rehabilitation and reintegration into the community.

Orders

Orders of the court

Indicative sentences:

H664-1 – [JL 2022/00029377/001] - 2 years

H664-4 – [JL 2022/00029377/004] – 2 years, 6 months

H408–1 – [JL 2022/00080450/001] - 2 years, 6 months

H664-6 – [JL 2022/00029377/006] - 2 years, 6 months

H408-3 – [JL 2022/00080450/003] - 2 years, 6 months

H866-1 – [JL 2021/00313238/001] - 9 months

H362-2 – [JL 2021/00313247/002] -

+ Form 1 H362-3 – [JL 2021/00313247/003] 6 years NP 3 years

H362-6 – [JL 2021/00313247/006 ] - 2 years, 6 months

Aggregate sentence:

Special circumstances found – 1st time in custody, need for a very lengthy period on supervised parole to assist him in respect of sexual offending and to return to a law-abiding life in the community.

Sentenced to a term of imprisonment for 10 years comprising a non-parole period of 5 years to commence on 4 November 2021 and to expire on 3 November 2026, upon which date the offender is eligible for release to parole, and a balance of term of 5 years to commence on 4 November 2026 and to expire on 3 November 2031.

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 Dorsett [2023] NSWDC 537
Hearing dates:	5 June 2023, 6 June 2023
Decision date:	09 June 2023
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Indicative sentences: H664-1 – [JL 2022/00029377/001] - 2 years H664-4 – [JL 2022/00029377/004] – 2 years, 6 months H408–1 – [JL 2022/00080450/001] - 2 years, 6 months H664-6 – [JL 2022/00029377/006] - 2 years, 6 months H408-3 – [JL 2022/00080450/003] - 2 years, 6 months H866-1 – [JL 2021/00313238/001] - 9 months H362-2 – [JL 2021/00313247/002] - + Form 1 H362-3 – [JL 2021/00313247/003] 6 years NP 3 years H362-6 – [JL 2021/00313247/006 ] - 2 years, 6 months Aggregate sentence: Special circumstances found – 1st time in custody, need for a very lengthy period on supervised parole to assist him in respect of sexual offending and to return to a law-abiding life in the community. Sentenced to a term of imprisonment for 10 years comprising a non-parole period of 5 years to commence on 4 November 2021 and to expire on 3 November 2026, upon which date the offender is eligible for release to parole, and a balance of term of 5 years to commence on 4 November 2026 and to expire on 3 November 2031.
Catchwords:	CRIMINAL – sentence - sexual intercourse with a child aged 14 and under 16 years (x 6) – 4 victims - intentionally sexually touch child aged 10yrs & under 16yrs – Form 1 matter – offender aged 21-23 years at time of offending – mild intellectual disability - contextual relevance of uncharged offences – Victim Impact Statements - general and specific deterrence – subjective matters
Legislation Cited:	CrimesAct 1900 Crimes(SentencingProcedure)Act1999
Cases Cited:	Attorney-General’s Application Number 1 of 2002 (2002) NSWCCA 518 Ibornone v R [2017] NSWCCA 144 R v Nelson [2016] NSWCCA 130
Category:	Sentence
Parties:	Regina Dorsett, Benjamine
Representation:	Counsel: Defence: Ms M Cusack Solicitors: ODPP: Ms A Mifsud, Ms E Lyte Defence: Ms T Randall Randall Legal
File Number(s):	2021/00313238 2021/00313247 2022/00080450 2022/00029377
Publication restriction:	NPO in respect of the names of the complainants and anything that might tend to identify them.