District Court
New South Wales
Medium Neutral Citation: R v GS [2019] NSWDC 605 Hearing dates: 9 August, 2 September 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Criminal Before: GRANT DCJ Decision: An aggregate sentence of 12 years imprisonment with a non parole period of eight years. The sentence is to commence from 4 May 2017. The offender will be eligible for parole on 3 May 2025. The head sentence will expire on 3 May 2029.
Catchwords: CRIME — Child sex offences — multiple victims
SENTENCING — Relevant factors on sentence — Multiple offences — TotalityLegislation Cited: Crimes (High Risk Offenders) Act of 2006
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900Cases Cited: Denham v The Queen [2016] NSWCCA 309
EG v The Queen [2015] NSWCCA 21
R v Holder, R v Johnson (1983) 3 NSWLR 245
R v Holyoak (1995) 82 A Crim R 502Texts Cited: Royal Commission into Institutional Response to Child Sex Abuse Category: Sentence Parties: Regina (Crown)
GS (Offender)Representation: Counsel:
Constantino (Solicitor Advocate, Crown)
S Goodwin (Offender)
File Number(s): 2017/00013449 Publication restriction: Indentifiers of victims
Judgment
INTRODUCTION
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The offender has pleaded guilty to the following: Six sexual offences committed upon his grandson, TG, with two offences to be taken into account via Form 1. Six sexual offences committed upon his grandson, DG, with another five offences to be taken into account via Form 1. One sexual offence committed upon his granddaughter AS. One sexual offence committed upon his grandson IS.
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In terms of the nature of the offences he stands to be sentenced for they comprise four offences of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 carrying a maximum penalty of 14 years imprisonment with a standard non parole period of seven years. Three offences of aggravated indecent assault contrary to s 61M of the Crimes Act 1900 carrying a maximum penalty of seven years imprisonment with a standard non parole period of five years. Six offences of indecent assault contrary to s 61L of the Crimes Act carrying a maximum penalty of five years imprisonment, there is no standard non parole period. One offence of commit act of indecency person under 16 years contrary to s 61N(1)of the Crimes Act carrying a maximum penalty of two years imprisonment, there is no standard non parole period.
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There are seven offences to be taken into account via a Form 1. Three of aggravated indecent assault, three of indecent assault and one of attempted sexual intercourse without consent. The maximum penalties and the standard non parole periods are an important guidepost in the assessment of sentence. A judge should steer by the maximum penalty but not aim for it.
THE PLEA OF GUILTY
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The guilty plea and the timing of the plea are to be taken into account on sentence pursuant to s 21A(3)(k) and s 22 of the Crimes (Sentencing Procedure) Act 1999 (‘The Act’). The guilty plea was indicated and…
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- AGLC
- R v GS [2019] NSWDC 605
- Case
- [2019] NSWDC 605
- Decision Date
CaseChat Overview and Summary
The appellant submitted that the cumulative sentence was excessively punitive and did not adequately reflect the principles of proportionality and totality. He argued that the trial judge did not adequately consider the individual circumstances of the offences and the overlap between them. The appellant contended that the sentence imposed was unduly harsh, particularly given his early guilty plea and the fact that the offences were committed over a prolonged period. The respondent, the Crown, contended that the sentence was appropriate and reflected the seriousness of the offending, the protection of society, and the need for deterrence.
The court considered the totality principle, which requires that the cumulative sentence for multiple offences should not be greater than the sum of the appropriate sentences for each offence if they were to be sentenced consecutively. The court found that the trial judge had appropriately considered the totality principle and had not erred in imposing an aggregate sentence. The court also found that the sentence was proportionate to the seriousness of the offending and took into account the appellant's early guilty plea. The court rejected the appellant's submission that the sentence was unduly harsh and found that the sentence was appropriate and reflected the need to protect society and deter future offending.
The appeal was dismissed, and the original sentence was upheld. The appellant's sentence of 12 years imprisonment with a non-parole period of eight years was affirmed. The sentence is to commence from 4 May 2017, with parole eligibility on 3 May 2025 and the head sentence expiring on 3 May 2029.
Orders
Orders of the court
An aggregate sentence of 12 years imprisonment with a non parole period of eight years. The sentence is to commence from 4 May 2017. The offender will be eligible for parole on 3 May 2025. The head sentence will expire on 3 May 2029.
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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