District Court
New South Wales
Medium Neutral Citation: R v DW (No 1) [2020] NSWDC 461 Hearing dates: 20 March 2020 Date of orders: 11 May 2020 Decision date: 11 May 2020 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Convicted and ordered to comply with Community Correction Orders for a period of 3 years
Catchwords: CRIME — Historical child sex offences — Sexual intercourse with child >10 <16 – child offender – extensive delay – rehabilitation – sentencing children who commit child sex offences – non-custodial sentence
Legislation Cited: Children (Criminal Proceedings) Act 1987
Crimes Act 1900
Crimes(Sentencing Procedure) Act 1999
Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018
Cases Cited: Knight v The Queen [2015] NSWCCA 222
MagnusonvR [2013] NSWCCA 50
Mill v R (1988) 166 CLR 59
Moon v R [2000] NSWCCA 534; 117 A Crim R 497
MS2 & Ors v Regina [2005] NSWCCA 397; (2005) 158 A Crim R 93
Parente v R [2017] NSWCCA 284; 96 NSWLR 633
PaulCampbell v R [2018] NSWCCA 87
R v BJW (2000) 112 A Crim R 1
R v Campbell (a pseudonym) [2017] NSWDC 359
RvCattell [2019] NSWCCA 297
R v DS (Paul Campbell) NSWDC (unreported) 13 December 2018
R v Elliott and Blessington [2006] NSWCCA 305
R v PGW [2002] QCA 462;134 A Crim R 593
R v SW NSWDC (unreported) 10 September 2018
R v Todd [1982] 2 NSWLR 517
R v Tomlinson NSWDC (unreported) 25 February 2019
RC v R; R v RC [2020] NSWCCA 76
ReginavRP [2018] NSWDC 125
Texts Cited: Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report (presented 15 December 2017)
Category: Sentence Parties: Regina (Crown)
DW (Offender)Representation: Counsel:
Solicitors:
Ms C Davenport SC with Ms M Humphreys for the offender
Mr D Coulton for the Crown
File Number(s): 2019/00108682 Publication restriction: Non-publication order in relation to names of offender and complainants or any features which may tend to identify them
Judgment
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DW appears for sentence with respect to three counts of sexual misconduct with two young girls in approximately 1991.
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He has pleaded guilty to one count of attempting sexual intercourse with a child aged between 10 and 16 years, contrary to s 66D of the Crimes Act 1900, and one count of sexual intercourse with the same child, contrary to the provisions of s 66C(1).
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He has also pleaded guilty to one count of indecent assault of a second child who was under 10 years of age at the time, contrary to the provisions of s 61M(2) of the Crimes Act. Three additional acts of indecency with the first girl have been included on a Form 1. These acts…
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- AGLC
- R v DW (No 1) [2020] NSWDC 461
- Case
- [2020] NSWDC 461
- Decision Date
CaseChat Overview and Summary
The court was required to consider whether the charges were statute-barred due to the significant passage of time since the alleged offences and whether the defendant's rehabilitation prospects warranted a conviction. The court held that the charges were not statute-barred, as the court had the discretion to prosecute historical child sexual offences, even if the statutory limitation period had expired. The court also found that the defendant's rehabilitation prospects were promising, and the imposition of a conviction and a community correction order would facilitate the defendant's reintegration into society while ensuring public safety.
Ultimately, the court found the defendant guilty and ordered the defendant to comply with Community Correction Orders for a period of three years. The court considered the defendant's rehabilitation prospects and the need for public protection in arriving at this decision. The orders reflect the court's balancing of these factors, with the aim of promoting the defendant's rehabilitation and addressing any risk to the community.
Orders
Orders of the court
Convicted and ordered to comply with Community Correction Orders for a period of 3 years
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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