R v GC - [2020] NSWDC 186

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v GC [2020] NSWDC 186
Hearing dates: September 2019 – 10 September 2019 (Trial)14 February 2020 (Sentence Hearing)6 March 2020 (Sentence Hearing)8 May 2020 (Sentence Hearing)
Date of orders: 08 May 2020
Decision date: 08 May 2020
Jurisdiction: Criminal
Before: Weber SC DCJ
Decision:
(1) The offender is sentenced to a term of imprisonment of 16 years with a non-parole period of 10 years and 8 months.
(2) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such term of imprisonment shall commence on 10 September 2019 and that the non-parole period shall expire on 9 May 2030 with the balance of the sentence to expire on 9 September 2035.
Catchwords:
SENTENCING – Child sex offences – Multiple victims – Persistent sexual abuse of a child – indecent assaults, inciting acts of indecency, and sexual intercourse without consent – where offender was the uncle by marriage of the three victims – where the victims were in the care of the offender– where offending occurred over 5 year, 3 month and 5 year periods in respect to the three victims – where victims were as young as 7, 8 and 4 years old at the times the offending commenced
SENTENCING – Relevant principles of sentencing – punishment, denunciation, and recognition of harm done to the victims – general deterrence, denunciation and the protection of the community
SENTENCING – Objective seriousness – Upper range of offending – Aggravating factors – extremely young age of victim – offences committed in the victims’ home – substantial emotional harm – abuse of trust or authority – vulnerability of victims – length of time of offending conduct – Mitigating factors – no record of previous convictions – Good character not available to offender – impact of protective custody – low risks of reoffending – advanced age of offender – Deterrence – No remorse or contrition
SENTENCING – Penalties – Imprisonment – no standard non-parole period – accumulation, concurrency and totality – aggregate sentence appropriate – indicative sentences - where “special circumstances” were warranted

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)

Cases Cited:
Clinton v R [2009] NSWCCA 276
Corby v R [2010] NSW CCA 146
Dimian v R [2016] NSWCCA 223
EG v R [2015] NSWCCA 21
Elhassan v R [2018] NSWCCA 118
Markarian v The Queen (2005) 228 CLR 357
R v Durocher-Yvon (2003) 58 NSWLR 581
R v Evans (unrep, 24/3/88, NSWCCA)
R v Fisher (1989) 40 A Crim R 442
R v Hudson (unrep, 30/7/98, NSWCCA)
R v McNaughton (2006) 66 NSWLR 566
R v Van Ryn [2016] NSWCCA 1
R v Way (2004) 60 NSWLR 168
RWB v R [2010] NSWCCA 147

Category: Sentence
Parties:
Regina (Crown)
GC (Offender)
Representation:
Counsel:
Mr J. Sfinas (Crown)
Ms M. Phelps (Offender)
Solicitors:
Mr A. Kemp (Crown)
Hardin Lawyers (Offender)
Mr P. Hardin (Offender)
Ms K. Herczog (Offender)

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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 GC

Details

AGLC: R v GC [2020] NSWDC 186
Case: [2020] NSWDC 186
Decision Date: 08 May 2020

CaseChat Overview and Summary

The offender, GC, was convicted of multiple child sex offences involving three victims who were in his care. The offending included indecent assaults, inciting acts of indecency, and sexual intercourse without consent. The court had to determine an appropriate sentence for these serious and persistent crimes. The victims were the offender's nieces by marriage and were aged between four and eight years old when the abuse began. The offences occurred over periods of five years and three months, and five years, respectively, and the offender abused his position of trust and authority.

The court considered various legal principles in determining the sentence. These principles included the objective seriousness of the offending, the need for punishment, denunciation, and recognition of the harm done to the victims, and the importance of general deterrence and the protection of the community. The court identified aggravating factors such as the extremely young age of the victims, the offences occurring in the victims’ home, the substantial emotional harm caused, and the abuse of trust or authority. Mitigating factors considered included the offender's lack of a criminal record, the impact of protective custody, the low risk of reoffending, and the offender's advanced age. The court found that the offender showed no remorse or contrition.

The court concluded that the aggregate sentence was appropriate, taking into account the accumulation, concurrency, and totality of the offending. The court also considered the need for special circumstances due to the severity of the crimes. The offender was sentenced to 16 years imprisonment with a non-parole period of 10 years and 8 months. The sentence was to commence on 10 September 2019, with the non-parole period expiring on 9 May 2030 and the balance of the sentence expiring on 9 September 2035.

Orders

Orders of the court

(1) The offender is sentenced to a term of imprisonment of 16 years with a non-parole period of 10 years and 8 months.

(2) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such term of imprisonment shall commence on 10 September 2019 and that the non-parole period shall expire on 9 May 2030 with the balance of the sentence to expire on 9 September 2035.

Background

Background to the litigation

Full text does not contain this section.

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 GC [2020] NSWDC 186
Hearing dates:	September 2019 – 10 September 2019 (Trial)14 February 2020 (Sentence Hearing)6 March 2020 (Sentence Hearing)8 May 2020 (Sentence Hearing)
Date of orders:	08 May 2020
Decision date:	08 May 2020
Jurisdiction:	Criminal
Before:	Weber SC DCJ
Decision:	(1) The offender is sentenced to a term of imprisonment of 16 years with a non-parole period of 10 years and 8 months. (2) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such term of imprisonment shall commence on 10 September 2019 and that the non-parole period shall expire on 9 May 2030 with the balance of the sentence to expire on 9 September 2035.
Catchwords:	SENTENCING – Child sex offences – Multiple victims – Persistent sexual abuse of a child – indecent assaults, inciting acts of indecency, and sexual intercourse without consent – where offender was the uncle by marriage of the three victims – where the victims were in the care of the offender– where offending occurred over 5 year, 3 month and 5 year periods in respect to the three victims – where victims were as young as 7, 8 and 4 years old at the times the offending commenced SENTENCING – Relevant principles of sentencing – punishment, denunciation, and recognition of harm done to the victims – general deterrence, denunciation and the protection of the community SENTENCING – Objective seriousness – Upper range of offending – Aggravating factors – extremely young age of victim – offences committed in the victims’ home – substantial emotional harm – abuse of trust or authority – vulnerability of victims – length of time of offending conduct – Mitigating factors – no record of previous convictions – Good character not available to offender – impact of protective custody – low risks of reoffending – advanced age of offender – Deterrence – No remorse or contrition SENTENCING – Penalties – Imprisonment – no standard non-parole period – accumulation, concurrency and totality – aggregate sentence appropriate – indicative sentences - where “special circumstances” were warranted
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW)
Cases Cited:	Clinton v R [2009] NSWCCA 276 Corby v R [2010] NSW CCA 146 Dimian v R [2016] NSWCCA 223 EG v R [2015] NSWCCA 21 Elhassan v R [2018] NSWCCA 118 Markarian v The Queen (2005) 228 CLR 357 R v Durocher-Yvon (2003) 58 NSWLR 581 R v Evans (unrep, 24/3/88, NSWCCA) R v Fisher (1989) 40 A Crim R 442 R v Hudson (unrep, 30/7/98, NSWCCA) R v McNaughton (2006) 66 NSWLR 566 R v Van Ryn [2016] NSWCCA 1 R v Way (2004) 60 NSWLR 168 RWB v R [2010] NSWCCA 147
Category:	Sentence
Parties:	Regina (Crown) GC (Offender)
Representation:	Counsel: Mr J. Sfinas (Crown) Ms M. Phelps (Offender) Solicitors: Mr A. Kemp (Crown) Hardin Lawyers (Offender) Mr P. Hardin (Offender) Ms K. Herczog (Offender)
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