R v George Young (a pseudonym)

Case [2019] NSWDC 55


District Court


New South Wales

Medium Neutral Citation: R v George Young (a pseudonym) [2019] NSWDC 55
Hearing dates: 1 March 2019
Date of orders: 15 March 2019
Decision date: 15 March 2019
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate sentence of seven years with a non‑parole period of four years four months.

Catchwords: CRIMINAL – sentence – Sexual intercourse child under 10 - groom child under 14 – aggravated act of indecency child under 16 - step-father – Form 1 matters - admission of unknown guilt - Ellis discount - immediate admissions - very early guilty plea - assessment of objective serious - victim impact - mental illness – remorse - aggregate sentence
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Alvares v R (2011) 209 A Crim R 297
Attorney General’s Application No. 1: (2002) 56 NSWLR 146
Butters v R [2010] NSWCCA 1
Cameron v The Queen (2002) 209 CLR 339
Clarkson [2011] VSCA 152
CMB v Attorney General for the State of NSW [2015] HCA 9; (2015)256 CLR 346
Courtney v R [2007] NSWCCA 195
DPP (NSW) v Mawad [2015] NSWCCA 227
DPP v De La Rosa [2010] NSWCCA 194, (2010) 205 A Crim R 1; (2010) 79 NSWLR 1
Hameed v R (2001) 123 A Crim R 213
Hili v The Queen (2010) 242 CLR 520
Hoare v The Queen (1989) 167 CLR 348
Imbornone v R [2017] NSWCCA 144
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Muldrock v The Queen (2011) 244 CLR 120
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
Newman v R [2018] NSWCCA 208
Nguyen v The Queen [2016] HCA 17
Panetta v R [2016] NSWCCA 85
Pfitzner [2010] NSWCCA 314
R v AA [2017] NSWCCA 84
R v Carter [2003] NSWCCA 243
R v Gavel [2014] NSWCCA 56
R v KNL [2005] NSWCCA 260; 154 A Crim R 268
R v MAK [2006] NSWCCA 381
R v Palu [2002] NSWCCA 381
R v Qutami [2001] NSWCCA 353
R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
R v War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228
R v Winchester (1992) 58 A Crim R 345
Roff v R [2017] NSWCCA 208
Ryan (2001) 206 CLR 267
Sutton v R [2004] NSWCCA 225
Thompson (2000) 49 NSWLR 383
Weininger v The Queen (2003) 212 CLR 629
Williamson v R [2015] NSWCCA 250
Windle v R [2011] NSWCCA 277
Texts Cited: Does the Custody Based Intensive Treatment program for sex offenders reduce reoffending? Hallstead, I. (2016) (Crime and Justice Bulletin No 193. Sydney: NSW Bureau of Crime Statistics and Research
The social dynamics and impacts of institutional child sexual abuse - Dr Kenny D.T, Judicial Officer’s Bulletin, September 2017, Volume 29 No 8.
What you can change and what you can’t, Martin Seligman, Random House, 1994.
Category:Sentence
Parties: George Young (Offender)

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AGLC
R v George Young (a pseudonym) [2019] NSWDC 55
Case
[2019] NSWDC 55
Decision Date

CaseChat Overview and Summary

The appellant, George Young, was convicted of multiple sexual offences against a young girl, who was under 10 years old at the time of the offences. The matter was heard in the Court of Appeal, where Young challenged both the severity of his sentence and the trial judge's handling of certain mitigating factors. The court was required to determine whether the trial judge had appropriately assessed the seriousness of the offences, the impact on the victim, Young's mental health, and the extent of his remorse. Additionally, the court needed to evaluate if the sentence was excessive and whether the trial judge had erred in applying the Ellis discount and immediate admissions.

The court began by acknowledging the gravity of the offences, which included sexual intercourse with a child under 10, grooming a child under 14, and an aggravated act of indecency with a child under 16. Despite the severity, the court noted the trial judge's consideration of the immediate admissions, the very early guilty plea, and the Ellis discount. The court found that the trial judge had given appropriate weight to these factors and had assessed the overall seriousness of the offending with due regard to the victim impact. Regarding the mental health issues, the court held that the trial judge had correctly considered the mitigating effect of Young's mental illness. The court also found that the trial judge had properly assessed Young's remorse, noting that while it was not excessive, it was genuine.

Upon reviewing the aggregate sentence, the court concluded that it was not manifestly excessive. The court found that the trial judge had balanced the various mitigating and aggravating factors appropriately and had arrived at a sentence that was commensurate with the seriousness of the offending. The Court of Appeal ultimately dismissed the appeal, affirming the sentence of seven years with a non-parole period of four years and four months.

Orders

Orders of the court

Aggregate sentence of seven years with a non‑parole period of four years four months.

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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