R v Hall

[2022] NSWDC 340

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Hall [2022] NSWDC 340

Hearing dates:

4/4/22-8/4/22, 12/4/22, 3/6/22, 17/6/22, 1/7/22

Date of orders:

1/7/22

Decision date:

01 July 2022

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentence an aggregate fixed term of imprisonment of 1 year 2 months (4/10/31-3/12/32). I decline to impose a NPP.

The indicative sentences are:

Count 1 – 1 year 9 months

Count 2 - 6 months.

Catchwords:

Crime – Sentence – Indecent assault on a male person

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Culbert v R [2021] NSWCCA 38

MRW v R [2011] NSWCCA 260

R v MAK; R v MSK [2006] NSWCCA 381

R v Nelson [2106] NSWCCA 130

R v Obbens [2022] NSWCCA 109

R v Tuala [2015] NSWCCA 8

Sarhene v R [2022] NSWCCA 79

Category:

Sentence

Parties:

NSW DPP – Crown
Edward Hall - Offender

Representation:

Ms K Mulley for Crown
Mr T Healey for Offender

File Number(s):

2019/110683

Publication restriction:

Non-publication order in relation to the victim and any witness who was a child at the time of the offences.

sentence

1. Mr Edward Hall was found guilty after a Judge Alone trial conducted before myself at the Newcastle District Court of two offences of indecent assault on a male person. Each of those offences, which involve the now repealed s 81 of the Crimes Act 1900, carry a maximum penalty of five years imprisonment. The maximum penalties are of course important guideposts in the sentencing exercise to which I have had regard. It is now a matter for me to determine the appropriate sentence for each of these offences.

FACTS

2. The facts of the offences are derived from the evidence at trial which is set out in summary in my verdict and reasons of 12 April 2022. The victim was born in 1959. After completing year 6 in 1971 he commenced in year 7 at St Pius Catholic School in Adamstown in 1972. At that school one of his teachers was the offender. In 1974 the victim turned 15 and was in year 9. In June of that year his family suffered a tragedy when his ten-year-old sister passed away.

3. About three months after his sister passed away the victim was approached by the offender at school who asked if he would like to go away shooting. A couple of weeks later, around August or September 1974 the offender picked up the victim from his home in the Newcastle area and they headed off in the offender’s car. After that they drove for an hour or so to a bushland area. At that location they visited some premises where there was a male in his thirties and a younger girl. The victim and the offender slept at the house that night, the victim sleeping on a veranda area.

4. The next morning the victim and the offender headed off in the car along a bush track for half an…