R v Eldridge - [2022] NSWDC 621

District Court

New South Wales

Medium Neutral Citation: R v Eldridge [2022] NSWDC 621
Hearing dates: 23 September 2022 and 18 November 2022
Date of orders: 9 December 2022
Decision date: 09 December 2022
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
(1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted.
(2) I impose an aggregate sentence of imprisonment for 3 years and 6 months to date from 18 October 2021 and to expire on 17 April 2025.
(3) I impose a non-parole period of 2 years to date from 18 October 2021 and expiring on 17 October 2023.
(4) The earliest date the offender is eligible to be released to parole is 17 October 2023.

Catchwords:
CRIME – sentencing - sexual intercourse with a child of or above the age of 14 years and under the age of 16 years

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A (2), 53A
Crimes Act 1900 (NSW), s 66C (3)

Cases Cited:
Aslan v R [2014] NSWCCA 114
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Franklin v R [2013] NSWCCA 122
R v AJP (2004) A Crim R 575
R v Burchell (1987) 34 A Crim R 148
R v Gavel [2014] NSWCCA 56
R v Hudson (unrep, NSWCCA 30/7/1998)
R v King [2009] NSWCCA 117
R v Lulham [2016] NSWCCA 287
R v Sea (unrep, 13/8/1990, NSWCCA)
R v Wright [2017] NSWCCA 102

Category: Sentence
Parties: Rex
Kaileb Eldridge
Representation:
Counsel:
B Walker (Offender)
Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Walker Criminal Lawyers (Offender)

File Number(s): 2021/296219
Publication restriction: There is to be no publication of a name that identifies or is likely to lead to the identification of the complainant.

JUDGMENT

Remarks on sentence

The offender appeared at the Central Local Court on 30 June 2022 and pleaded guilty to two charges, namely two counts of have sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years, contrary to s 66C (3) of the Crimes Act 1900 (NSW). The pleas of guilty were adhered to at the sentence hearings on 23 September 2022 and 18 November 2022.
The maximum penalty for the offence of having sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years is 10 years imprisonment.
Admitted on behalf of the Crown was the following:

Notice of Committal (Ex C1)

Charge certificate and CANs (Ex C2)

Agreed facts signed by offender (Ex C3)

Criminal History (Ex C4)

Victim Impact Statement of the complainant dated 7 September 2022 (Ex C5)

Custodial History (Ex C6)

Sentencing assessment report dated 10 November 2022 (Ex C7)

The case note report dated 25 August 2022 (Ex C8)

Facts sheet in respect to the previous offence in relation to CAN H 65671485 (Ex C9)

Admitted on behalf of the offender was the…

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 Eldridge

Details

AGLC: R v Eldridge [2022] NSWDC 621
Case: [2022] NSWDC 621
Decision Date: 09 December 2022

CaseChat Overview and Summary

In the matter of R v Eldridge, the accused faced charges stemming from sexual intercourse with a child who was above the age of 14 but under the age of 16. The case was heard and determined by the relevant court of criminal jurisdiction. The defendant, Eldridge, entered a guilty plea to the charges, necessitating a sentencing hearing to determine the appropriate punishment.

The court was tasked with several legal considerations, including the nature and gravity of the offence, the personal circumstances of the offender, and the overarching principles of sentencing that guide the imposition of penalties for such crimes. The court needed to balance the necessity for punishment and deterrence with the potential for rehabilitation, ensuring the sentence was proportionate to the crime and aligned with statutory mandates and judicial precedents.

After thorough deliberation, the court found that an appropriate sentence was warranted, considering the severity of the offence and the need to protect the community. The judge imposed a sentence of imprisonment for a total of three years and six months, with a non-parole period of two years. The sentencing was calculated to ensure the offender would be detained until October 2023, with the possibility of parole thereafter, subject to the conditions set by the parole board. The sentence reflects the court's determination to uphold justice and maintain public safety while considering the potential for the offender's rehabilitation.

Orders

Orders of the court

(1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted.

(2) I impose an aggregate sentence of imprisonment for 3 years and 6 months to date from 18 October 2021 and to expire on 17 April 2025.

(3) I impose a non-parole period of 2 years to date from 18 October 2021 and expiring on 17 October 2023.

(4) The earliest date the offender is eligible to be released to parole is 17 October 2023.

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 Eldridge [2022] NSWDC 621
Hearing dates:	23 September 2022 and 18 November 2022
Date of orders:	9 December 2022
Decision date:	09 December 2022
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	(1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted. (2) I impose an aggregate sentence of imprisonment for 3 years and 6 months to date from 18 October 2021 and to expire on 17 April 2025. (3) I impose a non-parole period of 2 years to date from 18 October 2021 and expiring on 17 October 2023. (4) The earliest date the offender is eligible to be released to parole is 17 October 2023.
Catchwords:	CRIME – sentencing - sexual intercourse with a child of or above the age of 14 years and under the age of 16 years
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A (2), 53A Crimes Act 1900 (NSW), s 66C (3)
Cases Cited:	Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Franklin v R [2013] NSWCCA 122 R v AJP (2004) A Crim R 575 R v Burchell (1987) 34 A Crim R 148 R v Gavel [2014] NSWCCA 56 R v Hudson (unrep, NSWCCA 30/7/1998) R v King [2009] NSWCCA 117 R v Lulham [2016] NSWCCA 287 R v Sea (unrep, 13/8/1990, NSWCCA) R v Wright [2017] NSWCCA 102
Category:	Sentence
Parties:	Rex Kaileb Eldridge
Representation:	Counsel: B Walker (Offender) Solicitors: Director of Public Prosecutions (NSW) (Crown) Walker Criminal Lawyers (Offender)
File Number(s):	2021/296219
Publication restriction:	There is to be no publication of a name that identifies or is likely to lead to the identification of the complainant.