R v Huckstadt - [2019] NSWDC 62

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Huckstadt [2019] NSWDC 62
Hearing dates: 07 December 2018, 11 December 2018
Decision date: 01 February 2019
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Form 1 matter to be taken into account in sentence imposed for SEQ 3.
Indicative sentences:
SEQ 1: Imprisonment for 3 years with a NPP of 18 months.
SEQ 3 (+Form 1): Imprisonment for 3 years and 6 months with a NPP of 21 months.
Aggregate sentence:
Special circumstances found – relative young age, 1st time in custody, need for longer period on parole to assist in rehabilitation and return to a useful, non-offending life in the community, and to assist with ongoing treatment and/or counselling in respect of sexual offending.
Sentenced to a total term of imprisonment for 4 years comprising of a NPP of 2 years, to commence on 18/8/18 and to expire on 17/8/20, and a balance of term of 2 years to commence on 18/8/20 and to expire on 17/8/22.
Eligible for release to parole on 17/8/20.

Catchwords: CRIMINAL – sentence – aggregate - 2 counts of sexual intercourse with a person over ten years of age and under 14 years of age, penile/vaginal intercourse – Form 1 matter - sexual intercourse with a person above ten but below 14 years of age, namely 13 years of age,fellatio – text messages may constitute some form of grooming – Victim Impact Statement - subjective matters
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Bugmy v The Queen [2013] HCA 279
Fernando v R (1992) A Crim R 58
Kentwell v R (No 2) [2015] NSWCCA 96
Category: Sentence
Parties: Regina
Christopher James Huckstadt
Representation: Solicitors:
Crown: Mr K Ng
Defence: Ms C Nicol

File Number(s): 2017/00286917
Publication restriction: Non-Publication Order re name of the complainant or any evidence which might identify the complainant

Judgment

HIS HONOUR: In this matter, Christopher Huckstadt appears for sentence in respect of two offences, each offence being an offence of having sexual intercourse with a person over ten years of age and under 14 years of age. In each case, the act alleged was penile/vaginal intercourse and was contrary to s 66C(1) of the Crimes Act 1900. The maximum penalty provided is 16 years’ imprisonment and there is a standard non-parole period of seven years.
When being dealt with for the second of those offences the Court is asked to take into account a further offence contained on a Form 1 pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. That offence is a further offence of sexual intercourse with a person above ten but below 14 years of age, namely 13 years of age, and relates to the same complainant as do each of the previous charges referred to. The allegation is an act of fellatio performed on the offender by the complainant on the second occasion shortly prior to penile/vaginal intercourse.
The offender was committed for…

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 Huckstadt

Details

AGLC: R v Huckstadt [2019] NSWDC 62
Case: [2019] NSWDC 62
Decision Date: 01 February 2019

CaseChat Overview and Summary

The respondent, Huckstadt, was convicted of two counts of sexual intercourse with a person over ten years of age but under 14 years of age, as well as one Form 1 matter of sexual intercourse with a person above ten but below 14 years of age. The victim, a 13-year-old girl, had engaged in consensual penile/vaginal intercourse and fellatio with Huckstadt, who was 19 years old at the time. The court considered whether text messages exchanged between Huckstadt and the victim could constitute some form of grooming. The victim's impact statement was also taken into account.

The legal issues before the court were the appropriate sentence for the offences committed by Huckstadt, and whether the Form 1 matter should be taken into account in the sentence imposed for the second count of sexual intercourse. The court was required to consider the principles of sentencing, including the nature and circumstances of the offence, the culpability of the offender, and any aggravating or mitigating factors. The court also had to consider the need for deterrence, denunciation, rehabilitation, and protection of the community.

After considering the submissions and evidence presented, the court found that Huckstadt's relative youth, lack of criminal history, and need for longer period on parole to assist in rehabilitation and return to a useful, non-offending life in the community were mitigating factors. However, the court also found that Huckstadt's actions had a significant impact on the victim and that there was a need for deterrence and denunciation. The court ultimately decided to impose an aggregate sentence of four years imprisonment, with a non-parole period of two years. The sentence took into account the need for Huckstadt to undergo ongoing treatment and/or counselling in respect of sexual offending.

The court ordered that Huckstadt be imprisoned for a total term of four years, comprising of a non-parole period of two years, to commence on 18 August 2018 and to expire on 17 August 2020, and a balance of term of two years to commence on 18 August 2020 and to expire on 17 August 2022. Huckstadt was also eligible for release to parole on 17 August 2020. The court also ordered that the Form 1 matter be taken into account in the sentence imposed for the second count of sexual intercourse.

Orders

Orders of the court

Convicted.

Form 1 matter to be taken into account in sentence imposed for SEQ 3.

Indicative sentences:

SEQ 1: Imprisonment for 3 years with a NPP of 18 months.

SEQ 3 (+Form 1): Imprisonment for 3 years and 6 months with a NPP of 21 months.

Aggregate sentence:

Special circumstances found – relative young age, 1st time in custody, need for longer period on parole to assist in rehabilitation and return to a useful, non-offending life in the community, and to assist with ongoing treatment and/or counselling in respect of sexual offending.

Sentenced to a total term of imprisonment for 4 years comprising of a NPP of 2 years, to commence on 18/8/18 and to expire on 17/8/20, and a balance of term of 2 years to commence on 18/8/20 and to expire on 17/8/22.

Eligible for release to parole on 17/8/20.

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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Medium Neutral Citation:	R v Huckstadt [2019] NSWDC 62
Hearing dates:	07 December 2018, 11 December 2018
Decision date:	01 February 2019
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Form 1 matter to be taken into account in sentence imposed for SEQ 3. Indicative sentences: SEQ 1: Imprisonment for 3 years with a NPP of 18 months. SEQ 3 (+Form 1): Imprisonment for 3 years and 6 months with a NPP of 21 months. Aggregate sentence: Special circumstances found – relative young age, 1st time in custody, need for longer period on parole to assist in rehabilitation and return to a useful, non-offending life in the community, and to assist with ongoing treatment and/or counselling in respect of sexual offending. Sentenced to a total term of imprisonment for 4 years comprising of a NPP of 2 years, to commence on 18/8/18 and to expire on 17/8/20, and a balance of term of 2 years to commence on 18/8/20 and to expire on 17/8/22. Eligible for release to parole on 17/8/20.
Catchwords:	CRIMINAL – sentence – aggregate - 2 counts of sexual intercourse with a person over ten years of age and under 14 years of age, penile/vaginal intercourse – Form 1 matter - sexual intercourse with a person above ten but below 14 years of age, namely 13 years of age,fellatio – text messages may constitute some form of grooming – Victim Impact Statement - subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v The Queen [2013] HCA 279 Fernando v R (1992) A Crim R 58 Kentwell v R (No 2) [2015] NSWCCA 96
Category:	Sentence
Parties:	Regina Christopher James Huckstadt
Representation:	Solicitors: Crown: Mr K Ng Defence: Ms C Nicol
File Number(s):	2017/00286917
Publication restriction:	Non-Publication Order re name of the complainant or any evidence which might identify the complainant