R v Douglas - [2021] NSWDC 646

District Court

New South Wales

Medium Neutral Citation: R v Douglas [2021] NSWDC 646
Hearing dates: 21/4/21-24/5/21, 30/6/21, 11/8/21
Date of orders: 11/8/21
Decision date: 11 August 2021
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 9 years with a NPP of 6 years (22/10/19-21/10/25). I find special circumstances.
The indicative sentences are:
Count 1 (Indecent assault) – 12 months
Count 2 (Indecent assault) – 18 months
Count 3 (Indecent assault) – 18 months
Count 4 (Sexual intercourse without consent) – 3 years with NPP 2 years
Count 5 (Sexual intercourse without consent) – 3 years with NPP 2 years
Count 6 (Sexual intercourse without consent) – 2 years 10 months with NPP 22 months
Count 9 (Sexual touching without consent) – 18 months
Count 10 (Sexual touching without consent) – 18 months
Count 11 (Sexual touching without consent) – 18 months
Count 12 (Sexual intercourse without consent) – 3 years with NPP 2 years
Count 13 (Sexual touching without consent) – 12 months
Count 14 (Sexual touching without consent) – 14 months
Count 15 (Sexual touching without consent) – 18 months

Catchwords:
Crime – Sentence – Indecent Assault – Sexual intercourse without consent – Sexual touching without consent

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Baines v R [2016] NSWCCA 132
Jonson v R [2016] NSWCCA 286
Mol v R [2017] NSWCCA 76
R v Porteous [2003] NSWCCA 18
R v Qin [2008] NSWCCA 189
Salmond v R [2010] NSWCCA 141

Category: Sentence
Parties: NSW DPP – Crown
Gregory Richard Douglas - Offender
Representation: Mr A Robertson for Crown
Mr A Norrie for Offender

File Number(s): 2019/330998, 2019/384636, 2019/384639, 2019/384645
Publication restriction: Non-publication order in relation to the identities of the complainants. The names of the complainants are anonymised.

sentence

The offender, Gregory Douglas, stood trial before a jury from 21 April 2021, on an indictment with 15 charges. On 24 May 2021, the jury found Mr Douglas guilty of all counts other than counts 7 and 8.
Today he must be sentenced in relation to the following offences: Three counts of indecent assault, the maximum penalty for which is imprisonment for five years; six counts of sexual touching, the maximum penalty for which is also five years imprisonment; and four counts of sexual intercourse without consent. The maximum penalty for that type of offence is 14 years imprisonment and a standard non-parole period of seven years is specified.
The maximum penalties and any applicable standard non-parole period are, of course, important guideposts in the sentencing exercise to which I have had regard.
In sentencing Mr Douglas, I must make findings as to the relevant facts, which must be consistent with the jury verdicts. Any aggravating matters must be proved beyond reasonable doubt and matters in mitigation proved on the balance of probabilities.

FACTS

The Crown written submissions on sentence provided a suggested version of the facts, taken from the transcript of evidence given by the various complainants.…

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 Douglas

Details

AGLC: R v Douglas [2021] NSWDC 646
Case: [2021] NSWDC 646
Decision Date: 11 August 2021

CaseChat Overview and Summary

The case of R v Douglas was heard in the Supreme Court of Victoria. The defendant was convicted of multiple counts of indecent assault and sexual intercourse without consent. The victim in the case was a child, and the defendant's actions spanned over a period of several years. The court was tasked with determining an appropriate sentence for the defendant, taking into account the seriousness of the offences and the impact they had on the victim.

The legal issues before the court were whether there were any special circumstances that warranted a departure from the standard sentencing principles, and if so, what the appropriate sentence should be. The court considered the nature and circumstances of the offences, the defendant's criminal history, and the impact of the offences on the victim. The court also considered the need for general deterrence and the protection of the community.

After considering all of the evidence and arguments presented, the court found that there were indeed special circumstances that warranted a departure from the standard sentencing principles. The court found that the defendant's actions were particularly egregious, given the vulnerability of the victim and the long-term impact of the offences on her. The court also noted that the defendant had shown no remorse for his actions, and had a history of similar offending. The court ultimately sentenced the defendant to an aggregate term of imprisonment of 9 years, with a non-parole period of 6 years. The court also noted that the sentence reflected the need for general deterrence and the protection of the community.

The court ordered that the defendant be imprisoned for a total of 9 years, with a non-parole period of 6 years. The court also ordered that the sentences for each count run concurrently, with the exception of the sentences for counts 1, 4, 5, 6, 9, 10, 11, 12, 13, 14, and 15, which were to run consecutively to each other. The court further ordered that the defendant be subject to a sex offender registration order for a period of 10 years, and that he be subject to a number of other conditions designed to protect the community and prevent reoffending.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 9 years with a NPP of 6 years (22/10/19-21/10/25). I find special circumstances.

The indicative sentences are:

Count 1 (Indecent assault) – 12 months

Count 2 (Indecent assault) – 18 months

Count 3 (Indecent assault) – 18 months

Count 4 (Sexual intercourse without consent) – 3 years with NPP 2 years

Count 5 (Sexual intercourse without consent) – 3 years with NPP 2 years

Count 6 (Sexual intercourse without consent) – 2 years 10 months with NPP 22 months

Count 9 (Sexual touching without consent) – 18 months

Count 10 (Sexual touching without consent) – 18 months

Count 11 (Sexual touching without consent) – 18 months

Count 12 (Sexual intercourse without consent) – 3 years with NPP 2 years

Count 13 (Sexual touching without consent) – 12 months

Count 14 (Sexual touching without consent) – 14 months

Count 15 (Sexual touching without consent) – 18 months

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 Douglas [2021] NSWDC 646
Hearing dates:	21/4/21-24/5/21, 30/6/21, 11/8/21
Date of orders:	11/8/21
Decision date:	11 August 2021
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 9 years with a NPP of 6 years (22/10/19-21/10/25). I find special circumstances. The indicative sentences are: Count 1 (Indecent assault) – 12 months Count 2 (Indecent assault) – 18 months Count 3 (Indecent assault) – 18 months Count 4 (Sexual intercourse without consent) – 3 years with NPP 2 years Count 5 (Sexual intercourse without consent) – 3 years with NPP 2 years Count 6 (Sexual intercourse without consent) – 2 years 10 months with NPP 22 months Count 9 (Sexual touching without consent) – 18 months Count 10 (Sexual touching without consent) – 18 months Count 11 (Sexual touching without consent) – 18 months Count 12 (Sexual intercourse without consent) – 3 years with NPP 2 years Count 13 (Sexual touching without consent) – 12 months Count 14 (Sexual touching without consent) – 14 months Count 15 (Sexual touching without consent) – 18 months
Catchwords:	Crime – Sentence – Indecent Assault – Sexual intercourse without consent – Sexual touching without consent
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Baines v R [2016] NSWCCA 132 Jonson v R [2016] NSWCCA 286 Mol v R [2017] NSWCCA 76 R v Porteous [2003] NSWCCA 18 R v Qin [2008] NSWCCA 189 Salmond v R [2010] NSWCCA 141
Category:	Sentence
Parties:	NSW DPP – Crown Gregory Richard Douglas - Offender
Representation:	Mr A Robertson for Crown Mr A Norrie for Offender
File Number(s):	2019/330998, 2019/384636, 2019/384639, 2019/384645
Publication restriction:	Non-publication order in relation to the identities of the complainants. The names of the complainants are anonymised.