District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v GALE [2020] NSWDC 79 Hearing dates: 13 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced to an aggregate sentence of 1 year 8 months (imprisonment) with a non-parole period of 12 months.
Catchwords: CRIME – sexual offences - young person between 16 and 18 under special care
SENTENCING – aggravating factors – breach of trust
SENTENCING – extra curial punishmentLegislation Cited: Crimes Act, 1900
Crimes Act 1914 (Cth)
Crimes (Domestic & Personal Violence) Act, 2007
Crimes (Sentencing Procedure) Act, 1999Cases Cited: The Attorney General’s Application Pursuant to s 37 of the Crimes (Sentencing Procedure) Act No. 1 of 2002 (2002) 56 NSWLR 146
Merhi v R [2019] NSWCCA 322
Ryan v The Queen (2001) 206 CLR 267
Kennedy v R [2000] NSWCCA 527
R v KNL [2005] NSWWCCA 260
R v Daetz; R v Wilson [2003] NSWCCA 216
and Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284
R v Zerafa (2013) 235 A Crim R 265; [2013] NSWCCA 222
FB v R; R v FB [2011] NSWCCA 217
Einfeld v R (2010) 200 A Crim R 1
Greenwood v R [2014] NSWCCA 64
Whybrow v R [2008] NSWCCA 270
Alameddine v R [2006] NSWCCA 317
Ridley v R [2008] NSWCCA 299
Brown v R [2014] NSWCCA 215
SS v The Queen [2016] NSWCCA 197
R v Blackman & Walters [2001] NSWCCA 121
EF v R [2015] NSWCCA 36
R v Tsokos unreported NSWCCA 16.6.1995Category: Sentence Parties: Director of Public Prosecution (for the Crown)
Brendan Gale (offender)Representation: Counsel:
Solicitors:
Ms Alderton (for the offender)
Ms Morgan (for the DPP)
File Number(s): 2019/2532 Publication restriction: No publication of the name of the victim or anything that would identify them.
REMARKS ON SENTENCE
-
The offender appeared at the Cootamundra Local Court on 4 November 2019 and entered a plea of guilty to two charges, namely:
That (he) between 1 February 2018 and 12 September 2018 at Cootamundra in the State of New South Wales did have sexual intercourse with CS, who was aged 17 years and being provided tuition by Brendan Royce GALE, contrary to s 73(2) of the Crimes Act, 1900; and further
That (he) between 1 February 2018 and 12 September 2018 at Cootamundra in the State of New South Wales did have sexual intercourse with CS, who was aged 17 years and being provided tuition by Brendan Royce GALE, contrary to s 73(2) of the Crimes Act, 1900.
-
The pleas of guilty were adhered to at the sentence hearing at the Wagga Wagga District Court on 13 March 2020 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the pleas of guilty.
-
In addition to the substantive matters the offender asks that when passing sentence the court take into account a further charge contrary to s 73(2) of the Crimes…
Continue reading R v Gale
Sign in free to access the full text
- AGLC
- R v Gale [2020] NSWDC 79
- Case
- [2020] NSWDC 79
- Decision Date
CaseChat Overview and Summary
The court recognised that the offences involved a breach of trust and highlighted the gravity of the offences, given the age and vulnerability of the victim. The court also considered the defendant's previous good character and the impact of extra-curial punishment on him. The court emphasised the importance of deterrence and rehabilitation, while also ensuring that the sentence was proportionate to the crimes committed. The court concluded that the offences warranted a custodial sentence, but also noted the potential for rehabilitation and the importance of considering the defendant's age and background.
Taking all factors into account, the court sentenced the defendant to an aggregate term of 1 year and 8 months imprisonment, with a non-parole period of 12 months. The court found that this sentence balanced the need for punishment, deterrence, and the potential for rehabilitation, while also considering the specific circumstances of the case and the impact on the victim. The court's decision was aimed at ensuring that the defendant understood the seriousness of the offences, while also providing an opportunity for rehabilitation and reintegration into society.
Orders
Orders of the court
Sentenced to an aggregate sentence of 1 year 8 months (imprisonment) with a non-parole period of 12 months.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.