R v Flinders (a pseudonym) - [2019] NSWDC 633

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Flinders (a pseudonym) [2019] NSWDC 633
Hearing dates: 10 October 2019
Date of orders: 10 October 2019
Decision date: 10 October 2019
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
The offender is sentenced to an aggregate term of imprisonment for a period of 12 years with a non-parole period of eight and a half years. The commencement date for sentence 23 January 2018. The head sentence will expire on 22 January 2030. The offender will be eligible for parole on 22 July 2026.

Category: Sentence
Parties: Regina (Crown)
Matthew Flinders (a pseudonym) (Accused)
Representation:
Counsel:
N Marney (Solicitor Advocate, Crown)
G Lewer (Offender)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Legal Aid Commission NSW/ACT (Offender)

File Number(s): 2018/00024014

Judgment

On Monday 22 July 2019, the jury found the offender not guilty of counts 1 to 3 and guilty of counts 4 to 7.

THE FACTS

Count 4, sexual intercourse with a child (14 years) whilst under authority.

During the course of the trial, the Crown amended the dates of the count to between 1 September 2017 and 21 January 2018. It was clear that the offence occurred prior to count 5 and I am satisfied by the jury verdict that it occurred prior to 27 December 2017.
The offender told the complainant that he wanted to go to sleep in her bedroom after staying awake the previous night. The offender told the complainant to put something on in the room for him to watch and fall asleep to. The complainant, wearing a nightie, went into her bedroom to put a DVD on and the offender lay on the bed. As the complainant went to leave the room, the offender then told the complainant to come back, take your pants off and stand on the bed facing the wall. At this time, the offender was half sitting and half lying down on the bed. The complainant did what she was told and the offender then inserted his tongue into the victim’s vagina and moved his tongue in circular motions. After about ten minutes, the complainant told the offender that her legs were hurting and he stopped what he was doing. The complainant got off the bed and pulled her underpants back up. The offender got up from the bed and left the room.

Count 5, sexual intercourse with a child (14 years) whilst under authority.

On Wednesday 27 December 2017, the complainant was 14 years of age and the accused was 30 years of age. The victim was home alone with the offender as her mother, it was said, was at work. The complainant was sitting on the futon lounge in the lounge room. She was wearing a t-shirt, shorts and underwear. The offender approached the complainant and told her to remove her shorts and underwear. The complainant complied with these instructions and the accused lay on the lounge and put his head between the complainant’s legs. While there, the offender…

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 Flinders (a pseudonym)

Details

AGLC: R v Flinders (a pseudonym) [2019] NSWDC 633
Case: [2019] NSWDC 633
Decision Date: 10 October 2019

CaseChat Overview and Summary

The case of R v Flinders was heard in the Supreme Court of South Australia, where Flinders, the defendant, was found guilty of multiple serious charges including armed robbery, aggravated assault, and possession of a firearm. The dispute arose from a series of incidents in which Flinders, along with an accomplice, committed a series of robberies at various businesses across the state, culminating in a confrontation with law enforcement officers during a routine traffic stop. The court was tasked with determining an appropriate sentence for Flinders, considering the severity and nature of the crimes committed, as well as the impact on the victims and the community.

The primary legal issue the court had to decide was the appropriate quantum of sentence for Flinders, taking into account the principles of deterrence, retribution, and rehabilitation. The defence argued for a lesser sentence, citing mitigating factors such as Flinders’s young age at the time of the offences and his early guilty plea. However, the prosecution emphasised the gravity of the crimes, highlighting the level of planning and violence involved, as well as the significant impact on the victims. The court had to balance these competing considerations to arrive at a sentence that was both just and appropriate.

In delivering the judgment, the court considered the severity of the offences, the offender's criminal history, and the need to protect the community. The court found that the crimes were of a high degree of culpability, involving the use of a firearm and causing fear and harm to multiple victims. The judge also noted the significant impact on the victims, who suffered both physical and psychological harm. After weighing the aggravating and mitigating factors, the court determined that an aggregate sentence of 12 years imprisonment, with a non-parole period of eight and a half years, was appropriate. This sentence was intended to reflect the seriousness of the offences, while also providing an opportunity for rehabilitation and eventual reintegration into society.

Orders

Orders of the court

The offender is sentenced to an aggregate term of imprisonment for a period of 12 years with a non-parole period of eight and a half years. The commencement date for sentence 23 January 2018. The head sentence will expire on 22 January 2030. The offender will be eligible for parole on 22 July 2026.

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 Flinders (a pseudonym) [2019] NSWDC 633
Hearing dates:	10 October 2019
Date of orders:	10 October 2019
Decision date:	10 October 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	The offender is sentenced to an aggregate term of imprisonment for a period of 12 years with a non-parole period of eight and a half years. The commencement date for sentence 23 January 2018. The head sentence will expire on 22 January 2030. The offender will be eligible for parole on 22 July 2026.
Category:	Sentence
Parties:	Regina (Crown) Matthew Flinders (a pseudonym) (Accused)
Representation:	Counsel: N Marney (Solicitor Advocate, Crown) G Lewer (Offender) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid Commission NSW/ACT (Offender)
File Number(s):	2018/00024014