R v Jacobs - [2011] NSWDC 34

District Court

New South Wales

Medium Neutral Citation: R v Jacobs [2011] NSWDC 34
Hearing dates: 4 March 2011
Decision date: 23 March 2011
Jurisdiction: Criminal
Before: A.F. Garling DCJ
Decision:
Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and 6 months and a total term of 9 years.

Catchwords: CRIMINAL - sentence - indecent assault and buggery - ss 81 and 79 - multiple male victims - under authority - offences from 1978 to 1983 - plea.
Legislation Cited: Crimes Act 1900 ss 79 and 81
Cases Cited: R v MJR (2002) 54 NSWLR 368
R v Moon (2000) 117 A Crim R 497
R v Featherstone [2008] NSWCCA 71
Category: Sentence
Parties: Regina
Simon Antony Jacobs
Representation: Mr. M. Farrar (Offender)
Mr. D. Gunter (ODPP)

File Number(s): 09/227415 10/114583
Publication restriction: Names of any of the victims or anything which may identify them in any way.

Judgment

The offender has pleaded guilty to eleven charges. They are:

Between 1 January and 31 December 1977 at Young in the State of New South Wales he did commit an indecent assault upon PB, a male. That is pursuant to s 81 of the Crimes Act and carries a maximum penalty of five years imprisonment, as do all of these charges brought pursuant to s 81.

Between 1 January and 31 December 1979 at St Ives in the State of New South Wales he did commit an indecent assault upon WG, a male; again pursuant to s 81.

Between 1 January and 31 December 1980 at Sydney in the State of New South Wales he did commit an indecent assault upon WG, a male person; again pursuant to s 81.

Between 1 January and 31 December 1977 at Sydney in the State of New South Wales he did commit an indecent assault upon SL, a male person; again pursuant to s 81.

Between 1 January 1978 and 31 December 1980 at St Ives in the State of New South Wales he did commit an act of buggery with SL. That carries a maximum penalty pursuant to s 79 of the Crimes Act of fourteen years imprisonment.

Between 1 January 1983 and 1 November 1983 at Pymble in the State of New South Wales he did commit an indecent assault upon RB, a male person. That is charged pursuant to s 81.

Between 1 June 1983 and 31 December 1983 at Pymble in the State of New South Wales he did commit an indecent assault upon RB, a male person, again pursuant to s 81.

Between 1 January 1981 and 31 December 1982 at St Ives in the State of New South Wales he did commit an indecent assault upon IF, a male person, pursuant to s 81.

Between 1 January 1981 and 31 December 1982 at St Ives in the State of New South Wales he did commit an act of buggery with DF pursuant to s 79 of the Crimes Act which carries…

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 Jacobs

Details

AGLC: R v Jacobs [2011] NSWDC 34
Case: [2011] NSWDC 34
Decision Date: 23 March 2011

CaseChat Overview and Summary

The case of R v Jacobs involved the defendant, Jacobs, who was charged with multiple counts of indecent assault and buggery. The offences occurred between 1978 and 1983, and the victims were all male. The matter was heard in the relevant court where the defendant had pleaded guilty to the charges. The court was required to determine an appropriate sentence in light of the severity and frequency of the offences, as well as the age of the victims and the defendant's plea of guilt.

The primary legal issue before the court was to assess the appropriate sentence for the defendant, taking into account the principles of sentencing for such offences. The court had to weigh the gravity of the crimes, the vulnerability of the victims, and the defendant's acceptance of responsibility through a guilty plea. The court also considered the need for general and specific deterrence, as well as the principles of rehabilitation and denunciation.

In determining the sentence, the court took into account the cumulative impact of the offences, which were committed over a period of five years against multiple victims. The court emphasised the need for the sentence to reflect the seriousness of the crimes and to provide some measure of protection to the community. After considering all relevant factors, the court imposed a sentence of imprisonment with a non-parole period of 5 years and 6 months and a total term of 9 years. The sentence reflects the court's determination that the offences were of a serious nature and warranted a substantial custodial term.

Orders

Orders of the court

Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and 6 months and a total term of 9 years.

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 Jacobs [2011] NSWDC 34
Hearing dates:	4 March 2011
Decision date:	23 March 2011
Jurisdiction:	Criminal
Before:	A.F. Garling DCJ
Decision:	Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and 6 months and a total term of 9 years.
Catchwords:	CRIMINAL - sentence - indecent assault and buggery - ss 81 and 79 - multiple male victims - under authority - offences from 1978 to 1983 - plea.
Legislation Cited:	Crimes Act 1900 ss 79 and 81
Cases Cited:	R v MJR (2002) 54 NSWLR 368 R v Moon (2000) 117 A Crim R 497 R v Featherstone [2008] NSWCCA 71
Category:	Sentence
Parties:	Regina Simon Antony Jacobs
Representation:	Mr. M. Farrar (Offender) Mr. D. Gunter (ODPP)
File Number(s):	09/227415 10/114583
Publication restriction:	Names of any of the victims or anything which may identify them in any way.