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
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 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 Herring (1956) 73 WN (NSW) 203
R v Holyoak (1995) 82 A Crim R 502
R v Hornhardt [2017] NSWCCA 186
R v L, NSWCCA unreported, 17/6/96.
R v MJR [2002] NSWCCA 129; (2002) 54 NSWLR 368
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 Wilson (2003) 139 A Crim R 398
Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74
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- AGLC
- R v Grant [2022] NSWDC 718
- Case
- [2022] NSWDC 718
- Decision Date
CaseChat Overview and Summary
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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