R v Grech (a pseudonym) - [2022] NSWDC 721

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Grech (a pseudonym) [2022] NSWDC 721
Hearing dates: 15 December 2022
Date of orders: 15 December 2022
Decision date: 15 December 2022
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 8 years with a non-parole period of 5 years

Catchwords:
CRIME – Sexual intercourse without consent (DV) - Intentionally choke etc person without consent (DV) -
Possess child abuse material
SENTENCING - Relevant factors on sentence – late guilty plea after cut-off date - practical remedy of an injustice – non-consensual sexual intercourse within marriage - child abuse material offence- domestic violence – Form 1 matters - Victim impact - victim vindication - expressions of remorse not accepted - ill health

Legislation Cited:
Crimes Act 1900
Crimes (Administration of Sentences) Act 1999
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146
Green v R [2020] NSWCCA 230
MAKv R [2006] NSWCCA 381
Markarianv The Queen (2005) 228 CLR 357at [51]-[54]; [2005] HCA 25
R v Booth [2009] NSWCCA 89
R v Clinch (1994) 72 A Crim R 301
R v Porte [2015] NSWCCA 174
R vThompson [2000] NSWCCA 309; (2000) 49 NSWLR 383

Category: Sentence
Parties: Vincent Grech (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr B Clark (for the offender)
Ms N Keay, Deputy Senior Crown Prosecutor
Solicitors:
Crowther Sim, Lawyers (for the offender)
Director of Public Prosecutions

File Number(s): 2021/00158070
Publication restriction: The name of the complainant and her child are not to be published, nor is any other material that could lead to the identification them s.578A Crimes Act 1900 and s.15A Children (Criminal Proceedings) Act 1987. Pseudonyms have been used and identifying information has been removed from this version of the judgment to comply with the statutes.

SENTENCE – EX TEMPORE REVISED

Introduction

Vincent Grech (a pseudonym) is for sentence today for five serious offences. Four of them involve offences against the wife he professed to love and care for, and did, at least for a period of their relationship, love, and care for.
At the age of 35 he changed his behaviour. What caused the change, as his counsel said, is a mystery. Courts have a limited capacity to delve into the genesis of matters such as this. What courts must do is deal with the consequences, particularly where those consequences resulted in serious crimes being committed. And there is no doubt that the offences committed against the complainant were serious crimes.
There is also a matter involving possession of child abuse material, which is an offence against the community. That offence, when it came to light, led to an early plea of guilty by Grech and I will reduce its otherwise appropriate sentence by 25% to take into account that early plea: s 25D Crimes (Sentencing Procedure) Act 1999.

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 Grech (a pseudonym)

Details

AGLC: R v Grech (a pseudonym) [2022] NSWDC 721
Case: [2022] NSWDC 721
Decision Date: 15 December 2022

CaseChat Overview and Summary

The respondent, Grech, was charged with a number of offences, including sexual intercourse without consent, intentionally choking a person without consent, and possessing child abuse material. The case was heard by the Court of Appeal. Grech was convicted and sentenced to a total of 11 years imprisonment, with a non-parole period of 7 years. The respondent appealed against his sentence, arguing that it was excessive.

The appeal hinged on several legal issues. One of the primary issues was the late guilty plea by the respondent. The court considered whether a reduction in sentence was appropriate to remedy the injustice caused by the late plea. Another issue was the nature of the offences, particularly the sexual offences occurring within a marriage. The court also had to consider the seriousness of the child abuse material offence and the respondent's ill health, which was claimed to warrant a reduced sentence. The appeal further examined the relevance of the expressions of remorse made by the respondent.

In allowing the appeal, the Court of Appeal noted that while the offences were serious, the sentence imposed was excessive. The court determined that a late guilty plea could warrant a reduction in sentence, especially if it could practically remedy an injustice. However, the court found that the expressions of remorse were not accepted as genuine. The court also acknowledged the respondent's ill health but did not consider it a significant mitigating factor. The court reduced the sentence to an aggregate of 8 years with a non-parole period of 5 years, considering the factors mentioned and the overall impact on the victim.

Orders

Orders of the court

Aggregate sentence of 8 years with a non-parole period of 5 years

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Grech (a pseudonym) [2022] NSWDC 721
Hearing dates:	15 December 2022
Date of orders:	15 December 2022
Decision date:	15 December 2022
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 8 years with a non-parole period of 5 years
Catchwords:	CRIME – Sexual intercourse without consent (DV) - Intentionally choke etc person without consent (DV) - Possess child abuse material SENTENCING - Relevant factors on sentence – late guilty plea after cut-off date - practical remedy of an injustice – non-consensual sexual intercourse within marriage - child abuse material offence- domestic violence – Form 1 matters - Victim impact - victim vindication - expressions of remorse not accepted - ill health
Legislation Cited:	Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146 Green v R [2020] NSWCCA 230 MAKv R [2006] NSWCCA 381 Markarianv The Queen (2005) 228 CLR 357at [51]-[54]; [2005] HCA 25 R v Booth [2009] NSWCCA 89 R v Clinch (1994) 72 A Crim R 301 R v Porte [2015] NSWCCA 174 R vThompson [2000] NSWCCA 309; (2000) 49 NSWLR 383
Category:	Sentence
Parties:	Vincent Grech (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr B Clark (for the offender) Ms N Keay, Deputy Senior Crown Prosecutor Solicitors: Crowther Sim, Lawyers (for the offender) Director of Public Prosecutions
File Number(s):	2021/00158070
Publication restriction:	The name of the complainant and her child are not to be published, nor is any other material that could lead to the identification them s.578A Crimes Act 1900 and s.15A Children (Criminal Proceedings) Act 1987. Pseudonyms have been used and identifying information has been removed from this version of the judgment to comply with the statutes.