R v Jewell - [2021] NSWDC 409

District Court

New South Wales

Medium Neutral Citation: R v Jewell [2021] NSWDC 409
Hearing dates: 1/4/21, 14/5/21
Date of orders: 14/5/21
Decision date: 14 May 2021
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate sentence of 7 years with a NPP of 4 years (14/5/21-13/5/25). I find special circumstances.
The indicative sentences are (each count being indecent assault):
Re indictment dated 13/2/19 (25 percent discount for plea for each)
Count 1 – 6 months
Count 2 – 12 months
Count 3 – 9 months
Count 4 – 9 months
Count 5 – 8 months
Count 6 – 10 months
Count 7 – 9 months
Count 8 – 9 months
Count 9 – 18 months
Count 10 – 9 months
Re indictment dated 11/2/21
Count 1 – 10 months (25 percent discount for plea)
Count 2 – 10 months (25 percent discount for plea)
Count 3 – 10 months (25 percent discount for plea)
Count 4 – 12 months (25 percent discount for plea)
Count 5 – 8 months (10 percent discount for plea)
Count 6 – 12 months (10 percent discount for plea)
Count 7 – 22 months (10 percent discount for plea)
Count 8 – 12 months (10 percent discount for plea)
Count 9 – 14 months (10 percent discount for plea).
I recommend that the offender be given urgent access to Justice Health services.

Catchwords:
Crime – Sentence – Indecent assault – Historical offences

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Bugmy v R [2013] 302 ALR 192
Chamseddine v R [2017] NSWCCA 176
Culbert v R [2021] NSWCCA 38
O’Sullivan v R [2019] NSWCCA 261
R v MJR (2002) 54 A Crim R 368
R v Nelson [2016] NSWCCA 130
R v PGM (2008) 187 A Crim R 152
R v Tuala [2015] NSWCCA 8

Category: Sentence
Parties: NSW DPP – Crown
Kevin Joseph Jewell - Offender
Representation: Mr M Paish for Crown
Ms S Goodwin for Offender

File Number(s): 2017/324154
Publication restriction: Non-publication order in relation to the identities of the victims.
Pseudonym order in relation to the names of the victims.

sentence

Before I commence I should just note that the names of any victims to whom I will refer must not be published and I also note that before these remarks are published on the Internet through the Court’s portal there will be pseudonyms put in place with respect to the names of the victims.
Mr Jewell is to be sentenced for 19 offences of indecent assault, those being offences under s 81, now repealed, of the Crimes Act 1900 being offences committed between about February 1967 and December 1969. The maximum penalty for each of those offences is five years’ imprisonment which of course is a guidepost in the sentencing exercise to which I have had regard.
The 19 counts are spread over two indictments. The first indictment contains ten counts and the second indictment nine counts. For the sake of simplicity…

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 Jewell

Details

AGLC: R v Jewell [2021] NSWDC 409
Case: [2021] NSWDC 409
Decision Date: 14 May 2021

CaseChat Overview and Summary

The defendant, Jewell, was convicted and sentenced in the Supreme Court of Victoria for a series of historical indecent assaults. The case involved multiple charges, all stemming from incidents of indecent assault that occurred over a period of time. The court was tasked with determining an appropriate sentence, taking into account the nature and number of offences, as well as the defendant's plea discounts.

The court had to consider several legal issues, including the appropriate starting point and range for the sentences, the impact of the discounts for the pleas, and the necessity to ensure that the cumulative sentence adequately reflected the gravity of the offences. The court also had to assess whether special circumstances existed that would warrant a departure from the usual sentencing principles.

In delivering the sentence, the court considered the historical nature of the offences and the substantial number of victims involved. The court applied the principle of proportionality and recognised the importance of deterrence and denunciation. After carefully evaluating the indicative sentences for each count, the court determined an aggregate sentence of seven years, with a non-parole period of four years. The court found special circumstances to exist, justifying a reduction in the non-parole period. The court also recommended that the defendant be given urgent access to Justice Health services.

The final orders included a conviction and sentence of seven years with a non-parole period of four years, reflecting the court's considerations of the offences' gravity, the plea discounts, and the special circumstances identified.

Orders

Orders of the court

Convicted and sentenced to an aggregate sentence of 7 years with a NPP of 4 years (14/5/21-13/5/25). I find special circumstances.

The indicative sentences are (each count being indecent assault):

Re indictment dated 13/2/19 (25 percent discount for plea for each)

Count 1 – 6 months

Count 2 – 12 months

Count 3 – 9 months

Count 4 – 9 months

Count 5 – 8 months

Count 6 – 10 months

Count 7 – 9 months

Count 8 – 9 months

Count 9 – 18 months

Count 10 – 9 months

Re indictment dated 11/2/21

Count 1 – 10 months (25 percent discount for plea)

Count 2 – 10 months (25 percent discount for plea)

Count 3 – 10 months (25 percent discount for plea)

Count 4 – 12 months (25 percent discount for plea)

Count 5 – 8 months (10 percent discount for plea)

Count 6 – 12 months (10 percent discount for plea)

Count 7 – 22 months (10 percent discount for plea)

Count 8 – 12 months (10 percent discount for plea)

Count 9 – 14 months (10 percent discount for plea).

I recommend that the offender be given urgent access to Justice Health services.

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 Jewell [2021] NSWDC 409
Hearing dates:	1/4/21, 14/5/21
Date of orders:	14/5/21
Decision date:	14 May 2021
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate sentence of 7 years with a NPP of 4 years (14/5/21-13/5/25). I find special circumstances. The indicative sentences are (each count being indecent assault): Re indictment dated 13/2/19 (25 percent discount for plea for each) Count 1 – 6 months Count 2 – 12 months Count 3 – 9 months Count 4 – 9 months Count 5 – 8 months Count 6 – 10 months Count 7 – 9 months Count 8 – 9 months Count 9 – 18 months Count 10 – 9 months Re indictment dated 11/2/21 Count 1 – 10 months (25 percent discount for plea) Count 2 – 10 months (25 percent discount for plea) Count 3 – 10 months (25 percent discount for plea) Count 4 – 12 months (25 percent discount for plea) Count 5 – 8 months (10 percent discount for plea) Count 6 – 12 months (10 percent discount for plea) Count 7 – 22 months (10 percent discount for plea) Count 8 – 12 months (10 percent discount for plea) Count 9 – 14 months (10 percent discount for plea). I recommend that the offender be given urgent access to Justice Health services.
Catchwords:	Crime – Sentence – Indecent assault – Historical offences
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v R [2013] 302 ALR 192 Chamseddine v R [2017] NSWCCA 176 Culbert v R [2021] NSWCCA 38 O’Sullivan v R [2019] NSWCCA 261 R v MJR (2002) 54 A Crim R 368 R v Nelson [2016] NSWCCA 130 R v PGM (2008) 187 A Crim R 152 R v Tuala [2015] NSWCCA 8
Category:	Sentence
Parties:	NSW DPP – Crown Kevin Joseph Jewell - Offender
Representation:	Mr M Paish for Crown Ms S Goodwin for Offender
File Number(s):	2017/324154
Publication restriction:	Non-publication order in relation to the identities of the victims. Pseudonym order in relation to the names of the victims.