R v GS

[2019] NSWDC 509

District Court

New South Wales

Medium Neutral Citation:

R v GS [2019] NSWDC 509

Hearing dates:

27 August 2019

Date of orders:

09 September 2019

Decision date:

09 September 2019

Jurisdiction:

Criminal

Before:

Hatzistergos DCJ

Decision:

See [83]

Catchwords:

SENTENCING – sexual offending – paternal grandfather offender – multiple offences and complainants – relevance of social circumstances to findings of remorse and prospects of rehabilitation

Legislation Cited:

Crimes Act 1900 (NSW) s 61M
Crimes Sentencing Procedure Act 1999 (NSW) ss 21A, 23, 47, 54, 54B

Cases Cited:

AK v R [2016] NSWCCA 238
Corby v R [2010] NSWCCA 146
Lloyd v R [2017] NSWCA 303
MC v R [2017] NSWCCA 316
Panetta v R [2016] NSWCCA 85
R v PGM [2008] NSWCCA 172
R v Sopher (1993)70 A Crim R 570
R v Sukkar [2006] NSWCCA 92

Texts Cited:

N/A

Category:

Sentence

Parties:

Regina (Crown)

  GS (Offender)

Representation:

Counsel:

 

Mr T Edwards (for the Offender)

   

Solicitors:

  Director of Public Prosecutions (DPP)

File Number(s):

18/115086

Publication restriction:

Non publication of the name of the complainants and the Offender pursuant to section 578A of the Crimes Act 1900 (NSW), as this may lead to the identification of the complainants

Remarks on Sentence

1. The Offender GS has pleaded guilty to ten offences of indecent assault upon a child under 16 years of age, contrary to section 61M(2) of the Crimes Act 1900 (NSW). This offence carries a maximum period of 10 years imprisonment, and a standard non-parole period of 8 years. [1]

   1. S 54D of the Crimes (Sentencing Procedure) Act 1999 (NSW) (Hereinafter the ‘1999 Act’)

Agreed Facts

2. The agreed facts tendered in the Crown case [2] disclosed that the Offender is the paternal grandfather of the two victims who I will refer to as A and B.

   2. Exhibit A, Tab 3.

3. On or about 1 April 2018, the victims’ aunt became concerned that the Offender might be behaving inappropriately towards the victims after noticing an incident at the Offender’s house. Her concern was as a result of the Offender’s sexually inappropriate behaviour towards her when she was a child.

4. Ultimately on 9 April 2018 the victims’ aunt spoke to the victims’ father, raising concerns about the Offender with him. Following that conversation, the victims’ father called the victims’ mother and informed her, what his sister had told him. The victim’s mother said “Obviously you need to speak to him, but for now I think just keep the girls away from him”. The victims’ father stated that he would speak to the Offender and the call ended.

5. During the evening of 11 April 2018, the victims’ mother was getting the victims dressed after their bath at home when she decided to have a conversation with them about their body parts and their privacy in general. Both victims were in the room. During the conversation, the mother asked 5 year old victim, A, if she had ever seen the Offender’s penis. A said, “Yes. He lets us touch it”. The mother asked,…