R v JH

Case [2025] NSWDC 314 15 July 2025

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District Court

New South Wales

Medium Neutral Citation: R v JH [2025] NSWDC 314
Hearing dates: 2 July 2025
Date of orders: 15 July 2025
Decision date: 15 July 2025
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
152 I make the following orders:
(1) The offender is convicted of the offences.
(2) The indicative sentences are set out above.
(3) I impose a sentence of imprisonment of 10 years commencing 27 March 2025 years to expire on 26 March 2035.
(4) I impose a non-parole period of 6 years to expire on 26 March 2031.
(5) The earliest date the offender is eligible to be released on parole is 26 March 2031.

Catchwords:
CRIME — sentencing — sexual offences against children — juvenile at the time of offending— aggravated sexual assault — victim <16 years — deprivation of victim’s liberty — infliction of actual bodily harm
CRIME – sentencing — multiple victims — sexual intercourse with person above 10 years and under 14 years — intentionally sexually touch child above 10 years under 16 years — take or detain person with intent to commit serious indictable offence — indecent assault of person under 16 years
CRIME – sentencing — offending spanning over years — Form 1 offences
CRIME — sentencing — subjective considerations on sentence — age of offender — mental health – deprived upbringing - special circumstances

Legislation Cited:
Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900

Cases Cited:
AE v R [2010] NSWCCA 203
Baden v R [2020] NSWCCA 23
BB v R [2024] NSWCCA 13
BM v R [2019] NSWCCA 223
BP v R (2010) 201 A Crim R 379
Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37
Giles-Adam v R; Preca v R [2023] NSWCCA 122
Hall v R [2021] NSWCCA 220
Hoskins v R [2021] NSWCCA 169
KT v R [2010] NSWCCA 51
McGrath v R (2010) 199 A Crim R 527
Miller v R [2015] NSWCCA 86
MW v R [2010] NSWCCA 324
R v AA [2017] NSWCCA 84
R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56
R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381
RA v R [2024] NSWCCA 149
Tepania v R [2018] NSWCCA 247

Category: Sentence
Parties: Rex, JH
Representation:
Counsel:
A Wong (Offender)
R Taylor (Crown)
Solicitors:
Jack Murray Law (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2022/00XX2101, 2024/00123104, 2024/00123129
Publication restriction: Pursuant to Section 15A of the Children (Criminal Proceedings) Act 1987 there is to be no publication of names, information, material or evidence that identifies or is likely to lead to the identification of any child or witness involved in these proceedings.

JUDGMENT

The offender pleaded guilty to the following offences:

In relation to the victim EA:

H96721672/2: Indecent assault person under 16 years of age contrary to s 61M(2) of the Crimes Act 1900. This offence carries a maximum penalty of…

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 JH

Details

AGLC: R v JH [2025] NSWDC 314
Case: [2025] NSWDC 314
Decision Date: 15 July 2025

CaseChat Overview and Summary

In the case of R v JH, the offender was convicted of a series of sexual offences against children, including aggravated sexual assault, sexual intercourse with a person above 10 years and under 14 years, and intentionally sexually touching a child above 10 years and under 16 years. The offences occurred over a period of years and were against multiple victims. The offender, who was a juvenile at the time of offending, was also convicted of taking or detaining a person with intent to commit a serious indictable offence and indecently assaulting a person under 16 years.

The primary legal issue before the court was the determination of an appropriate sentence for the offender, taking into account the seriousness of the crimes, the number of victims, and the offender's age, mental health, deprived upbringing, and other special circumstances. The court had to balance these mitigating factors against the gravity of the offences and the need to protect the community.

The court considered the offender's age at the time of the offences, their deprived upbringing, and their mental health issues as mitigating factors. However, these were weighed against the severity of the crimes, which involved multiple victims and significant harm. The court concluded that the appropriate sentence was a term of imprisonment, taking into account the offender's age and the circumstances of the case. The court set an indicative sentence and imposed a sentence of 10 years imprisonment, with a non-parole period of 6 years.

The final orders of the court were that the offender is convicted of the offences, the indicative sentences were set out above, and the sentence of imprisonment was 10 years, with a non-parole period of 6 years. The earliest date the offender is eligible to be released on parole is 26 March 2031.

Orders

Orders of the court

152 I make the following orders:

(1) The offender is convicted of the offences.

(2) The indicative sentences are set out above.

(3) I impose a sentence of imprisonment of 10 years commencing 27 March 2025 years to expire on 26 March 2035.

(4) I impose a non-parole period of 6 years to expire on 26 March 2031.

(5) The earliest date the offender is eligible to be released on parole is 26 March 2031.

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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Citations

AGLC Citation

R v JH [2025] NSWDC 314

Cases citing this decision · 0 of 0 shown

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Cases cited in this decision · 25 of 25 shown

RA v The King
[2024] NSWCCA 149 Para 136

…This was again referred to in RA v R [2024] NSWCCA 149, where the Court noted that “the severity of the sentence increases at a rate that is not linear in comparison with the increase in length. That is, actual imprisonment for a lengthy period is more than twice as severe as imprisonment for half that time.”…
BB v R
[2024] NSWCCA 13 Para 129

…ces where no such submission was made on behalf of the offender. The Court invited the parties to consider the observations of R A Hulme AJ in BB v R [2024] NSWCCA 13 at [107] that in the circumstances of that case, not dissimilar to the present matter, the Court considered that the failure to take this issue into…
R v Zarad Brown
[2023] NSWDC 477 Para 135

…ful life after release: R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 at [15] - [17] per Spigelman CJ, Whealy J and Howie JJ; R v Brown [2023] NSWDC 477 at [90].…
Giles-Adams v R; Preca v R
[2023] NSWCCA 122 Para 113

…the course of justice which further mitigates the sentence that would otherwise be imposed: Baden v R [2020] NSWCCA 23; Giles-Adam v R ; Preca v R [2023] NSWCCA 122.…
Hall v R
[2021] NSWCCA 220 Para 135

…ce, it is necessary to ensure that the overall sentence is just and appropriate in that it reflects the totality of the offending behaviour: Hall v R [2021] NSWCCA 220 at [53] - [63] (per RA Hulme J with whom Leeming JA and Campbell J agreed). The Court must be mindful of the "crushing" effect of a long total senten…
Hoskins v R
[2021] NSWCCA 169 Para 117

…nnection. Referring to Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37, Brereton JA (with whom Basten JA and Beech-Jones J agreed) in Hoskins v R [2021] NSWCCA 169 at [57] observed:…
Baden v R
[2020] NSWCCA 23 Para 113

…s a willingness of the offender to facilitate the course of justice which further mitigates the sentence that would otherwise be imposed: Baden v R [2020] NSWCCA 23; Giles-Adam v R ; Preca v R [2023] NSWCCA 122.…
BM v R
[2019] NSWCCA 223 Para 89

…to the mental health condition diagnosed by Dr Klamer. Counsel referred, in support of this submission, to the observations of the Court in BM v R [2019] NSWCCA 223, citing with approval Tepania v R [2018] NSWCCA 247 and R v AA [2017] NSWCCA 84.…
Tepania v The Queen
[2018] NSWCCA 247 Para 89

…er. Counsel referred, in support of this submission, to the observations of the Court in BM v R [2019] NSWCCA 223, citing with approval Tepania v R [2018] NSWCCA 247 and R v AA [2017] NSWCCA 84.…
R v AA
[2017] NSWCCA 84 Para 89

…ort of this submission, to the observations of the Court in BM v R [2019] NSWCCA 223, citing with approval Tepania v R [2018] NSWCCA 247 and R v AA [2017] NSWCCA 84.…
Miller v R
[2015] NSWCCA 86 Para 120

…age but rather from the perspective of an offender’s cognitive, emotional and/or psychological maturity: MW v R [2010] NSWCCA 324: Miller v R [2015] NSWCCA 86.…
R v Gavel
[2014] NSWCCA 56 Para 127

…The courts have consistently recognised the harm inflicted on children that are victims of sexual abuse. In R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 the Court observed at [110]:…
R v CMB
[2014] NSWCCA 5 Para 92

…“… that child sex offences have profound and deleterious effects upon victims for many years, if not the whole of their lives: R v CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baro…
SW v R
[2013] NSWCCA 255 Para 52

…not the whole of their lives: R v CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psyc…
Bugmy v The Queen
[2013] HCA 37 Para 117

…s reliance on sexual coping as a primary form of intimacy seeking behaviour and social connection. Referring to Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37, Brereton JA (with whom Basten JA and Beech-Jones J agreed) in Hoskins v R [2021] NSWCCA 169 at [57] observed:…
Clarkson v The Queen
[2011] VSCA 157

…th a child is intended to protect children from the physical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 157; 32 VR 361 at 364 [3], 368-372 [26]-[39].”…
MW v The Queen
[2010] NSWCCA 324 Para 120

…nly dependent upon biological age but rather from the perspective of an offender’s cognitive, emotional and/or psychological maturity: MW v R [2010] NSWCCA 324: Miller v R [2015] NSWCCA 86.…
AE v The Queen
[2010] NSWCCA 203 Para 5

…“oblique usage … entails error”: BP v R (2010) 201 A Crim R 379 at [36]; citing McGrath v R (2010) 199 A Crim R 527 at [37], [60]; AE v R [2010] NSWCCA 203 at [23]. Accordingly, the standard non parole period does not apply with respect to the offending against BM and EA. It is only applicable to the three offences…
Knight v R
[2010] NSWCCA 51 Para 123

…nce, given the age of the offender, the Court must still place considerable emphasis on the need to provide an opportunity for rehabilitation: KT v R [2010] NSWCCA 51.…
R v G
[2008] UKHL 37 Para 52

…B [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psychological, which premature sexual…
KT v R
[2008] NSWCCA 51 Para 114

…ive seriousness. It is also relevant to considerations of moral culpability, general deterrence and retribution. As McClellan CJ observed in KT v R [2008] NSWCCA 51; 182 A Crim R 571 at paragraph [23]:…
R v MAK
[2006] NSWCCA 381 Para 135

…ential of inducing a feeling of hopelessness and destroying any expectation of a useful life after release: R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 at [15] - [17] per Spigelman CJ, Whealy J and Howie JJ; R v Brown [2023] NSWDC 477 at [90].…
MS2 v The Queen
[2005] NSWCCA 397 Para 61

…e criminality involved will be less than if the same offence was committed by an adult. ( Hearne at [25]; MS2 v The Queen (2005) 158 A Crim R 93; [2005] NSWCCA 397 at [61]).…
R v Hearne
[2001] NSWCCA 37 Para 25

…ch of the law. Accordingly, allowance will be made for an offender’s youth and not just their biological age. ( R v Hearne (2001) 124 A Crim R 451; [2001] NSWCCA 37 at [25]). The weight to be given to the fact of the offender’s youth does not vary depending upon the seriousness of the offence ( Hearne at [24]). Whe…
[2009] 1 AC 92
[2009] 1 AC 92 Para 52

…5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psychological, which premature sexual activity can do…

Legislation cited in this decision · 4

Children (Criminal Proceedings) Act 1987 (NSW)
1 mention (from Para 129)
Crime (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 4)
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 5)
Crimes Act 1900 (ACT)
1 mention (from Para 1)

Medium Neutral Citation:	R v JH [2025] NSWDC 314
Hearing dates:	2 July 2025
Date of orders:	15 July 2025
Decision date:	15 July 2025
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	152 I make the following orders: (1) The offender is convicted of the offences. (2) The indicative sentences are set out above. (3) I impose a sentence of imprisonment of 10 years commencing 27 March 2025 years to expire on 26 March 2035. (4) I impose a non-parole period of 6 years to expire on 26 March 2031. (5) The earliest date the offender is eligible to be released on parole is 26 March 2031.
Catchwords:	CRIME — sentencing — sexual offences against children — juvenile at the time of offending— aggravated sexual assault — victim <16 years — deprivation of victim’s liberty — infliction of actual bodily harm CRIME – sentencing — multiple victims — sexual intercourse with person above 10 years and under 14 years — intentionally sexually touch child above 10 years under 16 years — take or detain person with intent to commit serious indictable offence — indecent assault of person under 16 years CRIME – sentencing — offending spanning over years — Form 1 offences CRIME — sentencing — subjective considerations on sentence — age of offender — mental health – deprived upbringing - special circumstances
Legislation Cited:	Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	AE v R [2010] NSWCCA 203 Baden v R [2020] NSWCCA 23 BB v R [2024] NSWCCA 13 BM v R [2019] NSWCCA 223 BP v R (2010) 201 A Crim R 379 Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37 Giles-Adam v R; Preca v R [2023] NSWCCA 122 Hall v R [2021] NSWCCA 220 Hoskins v R [2021] NSWCCA 169 KT v R [2010] NSWCCA 51 McGrath v R (2010) 199 A Crim R 527 Miller v R [2015] NSWCCA 86 MW v R [2010] NSWCCA 324 R v AA [2017] NSWCCA 84 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 RA v R [2024] NSWCCA 149 Tepania v R [2018] NSWCCA 247
Category:	Sentence
Parties:	Rex, JH
Representation:	Counsel: A Wong (Offender) R Taylor (Crown) Solicitors: Jack Murray Law (Offender) Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2022/00XX2101, 2024/00123104, 2024/00123129
Publication restriction:	Pursuant to Section 15A of the Children (Criminal Proceedings) Act 1987 there is to be no publication of names, information, material or evidence that identifies or is likely to lead to the identification of any child or witness involved in these proceedings.