R v Graham (a pseudonym)

[2020] NSWDC 747

District Court

New South Wales

Medium Neutral Citation:

R v Graham (a pseudonym) [2020] NSWDC 747

Hearing dates:

16 October 2020

Decision date:

16 October 2020

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Sentenced to a term of imprisonment of 15 years. Non parole period of 11 years.

Catchwords:

CRIME — Child sex offences — Sexual intercourse with child <10 - Sexual intercourse with child >10 <14 - Sexual offences - Indecent assault - Circumstances of aggravation - Persistent sexual abuse of a child

SENTENCE – Maximum penalty life imprisonment

SENTENCE - Relevant factors on sentence – father and daughter- escalating abuse - age of child - period over which abuse occurred - abuse of position authority over the victim - breach of trust - need for care to double count aggravating features series of criminal acts – admissions on arrest - early guilty plea - impact of abuse on child – remorse or regret - COVID 19 not eligible for early release – impact of offender’s intellectual disability - special circumstances not required.

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act1999

Cases Cited:

Anderson v R (1981) VR 155

DPP vDe La Rosa [2010] NSWCCA 155

R vHerring (1956) 73 WN (NSW) 203

R v Jarvis (a pseudonym) [2020] NSWDC 396

Category:

Sentence

Parties:

John Graham (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr S Fraser, Public Defender (for the offender)
Mr D Scully, Deputy Senior Crown Prosecutor

Solicitors:
Legal Aid NSW (for the offender)

File Number(s):

2019/00375480

Publication restriction:

Pseudonyms have been used for the names of the accused and the complainant. Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act 1900, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child complainant. Identifying information has been removed from this version of the judgment to comply with the statutes

SENTENCE – ex tempore revised

Facts for sentence

1. John Graham was born in 1983. His eldest daughter, the complainant, was born in July 2004. The family lived close to where Graham had grown up in southern Wollongong. The complainant is the eldest of his three children.

2. In November 2019 a report was received by police about the possibility the complainant had been involved in sexual activity with Graham. The complainant disclosed to police that the offender had engaged in sexual activity with her from the age of eight. He had told her that this was normal. And, because she was young, she believed him. As she grew older she came to realise that what was happening was not normal, but the offender would still force her to do what he wanted. The events would usually occur in one of the bedrooms of the family home.

3. Touching in a sexual manner became regularised. The acts included penile-vaginal intercourse. Sometimes a condom was used, sometimes it was not. The complainant said the offender took care not to…