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
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 - OffenderRepresentation: 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
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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 Each of those offences, which involve the now repealed s 81 of the Crimes Act 1900, carry a maximum penalty of five years imprisonment.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
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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.
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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.
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The next morning the victim and the offender headed off in the car along a bush track for half an…
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- AGLC
- R v Hall [2022] NSWDC 340
- Case
- [2022] NSWDC 340
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the trial judge had erred in the sentence imposed and whether the sentence was manifestly excessive. The court considered the principles of sentencing for indecent assault, the principles of totality, and the need for punishment and deterrence. The court also considered the appellant's personal circumstances, including his age, criminal history, and prospects for rehabilitation.
The court found that the trial judge had not erred in imposing the sentence. The court held that the sentence was within the range of sentences that could be imposed for the offence, and that the sentence reflected the seriousness of the offence and the need for punishment and deterrence. The court also held that the sentence was not manifestly excessive, as it was proportionate to the gravity of the offence and the appellant's personal circumstances. The court declined to reduce the sentence or impose a non-parole period.
The court affirmed the sentence imposed by the trial judge, with the indicative sentences being 1 year and 9 months for count 1 and 6 months for count 2. The court declined to impose a non-parole period.
Orders
Orders of the court
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.
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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