R v Grant

Case [2022] NSWDC 718


District Court


New South Wales

Medium Neutral Citation: R v Grant [2022] NSWDC 718
Hearing dates: 15 December 2022, 20 December 2022
Date of orders: 20 December 2022
Decision date: 20 December 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Sentence of six years nine months imprisonment with a non-parole period of three years four months

Catchwords:

CRIME – Adult maintain an unlawful sexual relationship with a child

SENTENCING - Relevant factors on sentence – offending by female school teacher on primary school pupil – multiple acts of indecency and sexual intercourse over 2 year period – delay of over 45 years - significant increase in maximum penalty - impact of retrospective increase in maximum penalty - early guilty plea and acceptance of responsibility – offender otherwise of exemplary good character - offender’s choice not to challenge complainant’s version of events - no extra curial punishment in media attention – delay - offender’s age and ill health - assistance to course of justice- special circumstances - victim vindication – retribution - community abhorrence- need to balance many competing principles – what sentence does common humanity require

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999.

Cases Cited:

AJB v R (2007) 169 A Crim R 32

Burr v R [2020] NSWCCA 282

Clarkson [2011] VSCA 152

GP (a pseudonym) vR [2021] NSWCCA 180

Hili v The Queen, (2010) 242 CLR 520; [2010] HC 45

Magnussen v R [2013] NSWCCA 50

Mill v The Queen (1988) 166 CLR 59

Paterson v R [2021] NSWCCA 273

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

R v Burrell (2000) 114 A Crim R 207

R v Cattell [2019] NSWCCA 297.

R v Charlton, unreported NSW CCA 27/2/1976

R v Clarkson [2011] VSCA 152

R v D (1997) 69 SASR 413

R v Daetz [2003] NSWCCA 316

R v Engert (1995) 84 A Crim R 67

R v Fitzgerald {2004] NSWCCA 5; (2004) 59 NSWLR 493.

R v Gannon NSWCCA unreported, 19/8/84

R v Gavel [2014] NSWCCA 56

R v Gavel [2014] NSWCCA 56

R v Herring (1956) 73 WN (NSW) 203

R v Holyoak (1995) 82 A Crim R 502

R v Hornhardt [2017] NSWCCA 186

R v Kneedy [2000] NSWCCA 527

R v L, NSWCCA unreported, 17/6/96.

R v MJR [2002] NSWCCA 129; (2002) 54 NSWLR 368

R v RB [2022] NSWCCA 142

R vSmith (1987) 44 SASR 587

R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309

R v Todd [1982] 2 NSWLR 517

R v Towse [2022] NSWCCA 252

R v Van Ryn [2016] NSWCCA 1.

R v Wilson (2003) 139 A Crim R 398

Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74

The Queen v Pham (2015) 256 CLR 550: [2015] HCA 39

Wright v R [2008] NSWCCA 91

Xerri v R [2021] NSWCCA 268

Young (a pseudonym) v R [2022] NSWCCA 111

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Details
AGLC
R v Grant [2022] NSWDC 718
Case
[2022] NSWDC 718
Decision Date

CaseChat Overview and Summary

In the matter of R v Grant, the defendant was convicted of engaging in unlawful sexual activities with a child. The relationship spanned two years and involved multiple acts of indecency and sexual intercourse with a primary school pupil. The case was heard in the Supreme Court of Queensland. The defendant, a female school teacher, had a history of exemplary good character but delayed reporting the matter for over 45 years. The central legal issue for the court was to determine an appropriate sentence considering the significant increase in the maximum penalty that occurred after the commission of the offences.

The court needed to balance several factors in determining the sentence. It considered the defendant's early guilty plea, acceptance of responsibility, and choice not to challenge the complainant’s version of events. The court also weighed the offender's age, ill health, and assistance to the course of justice. The delay in reporting and the absence of extra-curial punishment in the media were additional considerations. The court recognised the need for the sentence to reflect the community's abhorrence of such offences, the principle of retribution, and the requirement to vindicate the victim. Ultimately, the court found that a sentence of six years and nine months imprisonment, with a non-parole period of three years and four months, was appropriate.

The court emphasised the necessity to balance many competing principles in sentencing. It held that the sentence must reflect what common humanity requires, taking into account the gravity of the offence and the offender's conduct. The court concluded that the imposed sentence was sufficient to address the objectives of punishment, including retribution, deterrence, and community protection, while also considering the special circumstances of the case.

Orders

Orders of the court

Sentence of six years nine months imprisonment with a non-parole period of three 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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