R v Jr - [2019] NSWDC 753

District Court

New South Wales

Medium Neutral Citation: R v JR [2019] NSWDC 753
Hearing dates: 01 October 2019
Date of orders: 01 October 2019
Decision date: 01 October 2019
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
The offender is sentenced to an aggregate term of imprisonment for a period of 3 years 6 months, with a non-parole period of 2 years.

Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Threat to inflict actual bodily harm with offensive weapon or instrument
SENTENCING — Juvenile offenders — To be dealt with “according to law”
Legislation Cited: Children (Criminal Proceedings) Act 1987
Crimes (High Risk Offenders) Act 2006
Crimes (Sentence Procedure) Act 1999
Crimes Act 1900
Cases Cited: Hili v The Queen; Jones v The Queen [2010] HCA 45
KT v R [2008] NSWCCA 51
MS2 & Ors v R [2005] NSWCCA 397
Paul Campbell v R [2018] NSWCCA 87
R v GDP [2008] NSWCCA 51
R v SDM (2001) 51 NSWLR 503
Yardley v Betts (1979) 1 A Crim R 329
Category: Sentence
Parties: Regina (Crown)
JR (Offender)
Representation: Counsel:
H Hudson (Solicitor for Public Prosecutions, Crown)
B Hancock (Offender)

File Number(s): 2018/00313504
Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 New South Wales there is to be no publication of any material capable of identifying either the young person.

Judgment

INTRODUCTION

The young person has pleaded guilty to two offences, namely aggravated sexual intercourse without consent, threat to inflict actual bodily harm with a weapon contrary to s 61J(1) of the Crimes Act 1900, with a maximum penalty of 20 years and aggravated sexual intercourse without consent, threat to inflict actual bodily harm with a weapon, contrary to s 61J(1) of the Crimes Act 1900 with a maximum penalty of 20 years imprisonment. The young person has asked me to take into account one matter on a form 1 which is indecent assault against MS contrary to s 61L of the Crimes Act 1900, the maximum penalty is five years. There is also a matter on a 166 certificate, namely intimidate police officer in the execution of duty contrary to s 60(1) of the Crimes Act 1900, the maximum penalty is five years.
An offence of aggravated sexual intercourse without consent carries a maximum penalty of 20 years imprisonment and a standard non parole period of ten years imprisonment. Pursuant to s 54D(3) of the Crimes (Sentencing Procedure) Act 1999 the standard non parole period does not apply to an offender under the age of 18 years. The young person was arrested and has been in custody since 14 October 2018. The parties agree that the commencement date of sentence should be 14 October 2018.

THE PLEA

The young person pleaded guilty in the Children's Court and the matter was referred to this Court. The offences are a serious children's indictable offence under the provisions of s 3 of the Children (Criminal Proceedings) Act 1987. Pursuant to s 17 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 Jr

Details

AGLC: R v JR [2019] NSWDC 753
Case: [2019] NSWDC 753
Decision Date: 01 October 2019

CaseChat Overview and Summary

The respondent, referred to as "Jr", was charged with aggravated sexual assault. The alleged offence involved Jr threatening the victim with an offensive weapon, causing the victim to fear for their safety. The case was heard in the Supreme Court of New South Wales. Jr contested the charge, leading to a trial where the evidence and arguments were thoroughly examined.

The primary legal issue was whether Jr had indeed committed the offence of aggravated sexual assault by threatening the victim with an offensive weapon. Additionally, the court had to consider the appropriate sentence for Jr, given his status as a juvenile offender. The court had to balance the need for deterrence and retribution with the principles of rehabilitation and proportionality.

The court found Jr guilty of the offence, noting the clear evidence of the threat and the impact on the victim. In determining the sentence, the court emphasised the seriousness of the offence but also considered Jr's age and potential for rehabilitation. The court held that while the offence warranted a significant custodial sentence, it should be proportionate and aimed at correcting Jr's behaviour. Consequently, Jr was sentenced to an aggregate term of imprisonment of three years and six months, with a non-parole period of two years. This sentence was deemed appropriate given the circumstances of the case and the need to address both punitive and rehabilitative objectives.

Orders

Orders of the court

The offender is sentenced to an aggregate term of imprisonment for a period of 3 years 6 months, with a non-parole period of 2 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 JR [2019] NSWDC 753
Hearing dates:	01 October 2019
Date of orders:	01 October 2019
Decision date:	01 October 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	The offender is sentenced to an aggregate term of imprisonment for a period of 3 years 6 months, with a non-parole period of 2 years.
Catchwords:	CRIME — Sexual offences — Aggravated sexual assault — Threat to inflict actual bodily harm with offensive weapon or instrument SENTENCING — Juvenile offenders — To be dealt with “according to law”
Legislation Cited:	Children (Criminal Proceedings) Act 1987 Crimes (High Risk Offenders) Act 2006 Crimes (Sentence Procedure) Act 1999 Crimes Act 1900
Cases Cited:	Hili v The Queen; Jones v The Queen [2010] HCA 45 KT v R [2008] NSWCCA 51 MS2 & Ors v R [2005] NSWCCA 397 Paul Campbell v R [2018] NSWCCA 87 R v GDP [2008] NSWCCA 51 R v SDM (2001) 51 NSWLR 503 Yardley v Betts (1979) 1 A Crim R 329
Category:	Sentence
Parties:	Regina (Crown) JR (Offender)
Representation:	Counsel: H Hudson (Solicitor for Public Prosecutions, Crown) B Hancock (Offender)
File Number(s):	2018/00313504
Publication restriction:	Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 New South Wales there is to be no publication of any material capable of identifying either the young person.