District Court
New South Wales
Medium Neutral Citation: R v Lamey [2024] NSWDC 490 Hearing dates: 20/5/24-31/5/24, 8/8/24, 3/9/24 Date of orders: 3 September 2024 Decision date: 03 September 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 8 years 6 months with a NPP of 4 years 9 months (13/3/24-12/12/28).
I find special circumstances.
Indicatives:
Count 1 – 6 years 9 months
Counts 4, 5, and 6 – 3 years 3 months with NPP 1 year 10 months.
Count 7 – 3 years 4 months with NPP 1 year 10 months
Count 8 – 18 months with NPP 10 months
Count 9 – 19 months with NPP 10 months
Count 13 – 3 years.
Catchwords: Crime – Sentence – Maintain unlawful sexual relationship with a child - Sexual intercourse with child aged under 10 years - Indecent assault of child aged under 16 years - Sexual intercourse with child aged under 14 years
Legislation Cited: Crimes Act 1900
Cases Cited: R v Todd [1982] 2 NSWLR 517
Category: Sentence Parties: NSW DPP – Crown
Benjamin Mark Lamey - OffenderRepresentation: Mr C Young for Crown
Mr S Doupe for Offender
File Number(s): 19/320273
20/160284Publication restriction: Statutory non-publication of the identities of the victims
remarks on sentence
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I firstly note that there is a statutory non-publication provision which prohibits anybody from publishing the names of the victims in this case, who I will be referring to, in any event, by initials.
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The offender, Mr Benjamin Lamey, stood trial before a jury from 20 May 2024 on an indictment containing 14 counts of alleged sexual offences, some of them expressed in the alternative. On 31 May 2024, the jury found him guilty of counts 1, 4, 5, 6, 7, 8, 9 and 13. Count 1 is an offence under s 66EA(1) of the Crimes Act 1900 of maintaining an unlawful sexual relationship with a child. The maximum penalty for that offence is life imprisonment.
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Counts 4, 5, 6, and 7 are offences under s 66A which carry a maximum penalty of 25 years’ imprisonment and have a standard non-parole period of 15 years specified. Counts 8 and 9 are offences under s 61M(1) of the Crimes Act which carry a maximum penalty of seven years’ imprisonment and a standard non-parole period of five years is specified. And count 13 is an offence under s 66C(2) which carries a maximum penalty of 20 years’ imprisonment. The maximum penalties and, where applicable, the standard non-parole periods are guideposts or yardsticks of importance to which I have had regard.
FACTS
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The facts for the purposes of sentence are for me to determine, but must be consistent with…
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- AGLC
- R v Lamey [2024] NSWDC 490
- Case
- [2024] NSWDC 490
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the determination of an appropriate sentence for the multiple serious sexual offences against children. The court had to consider the aggravating and mitigating factors of the case, the impact on the victims, and the need for deterrence and rehabilitation. It was also necessary to balance the principle of totality, which ensures that the aggregate sentence does not exceed the sum of the individual sentences for each offence, with the need to impose a sentence that adequately reflected the gravity of the crimes.
The court thoroughly examined the evidence and arguments presented before arriving at its decision. It found that the crimes committed by the accused were of a serious nature and had a profound impact on the victims. The court considered the aggravating factors, such as the vulnerability of the victims and the long-term psychological effects of the abuse. In determining the sentence, the court imposed an aggregate term of imprisonment of 8 years and 6 months, with a non-parole period of 4 years and 9 months. This sentence took into account the need for punishment, deterrence, and the rehabilitation of the offender.
The final orders of the court included a conviction and the imposition of a sentence as outlined above. The court found that special circumstances were present in the case, which justified the length of the non-parole period. The court also considered the need for the sentence to reflect the seriousness of the offences and provide adequate protection for the community. The detailed breakdown of the sentences for each count was provided to ensure clarity and transparency in the court's decision-making process.
Orders
Orders of the court
Convicted and sentenced to an aggregate term of imprisonment of 8 years 6 months with a NPP of 4 years 9 months (13/3/24-12/12/28).
I find special circumstances.
Indicatives:
Count 1 – 6 years 9 months
Counts 4, 5, and 6 – 3 years 3 months with NPP 1 year 10 months.
Count 7 – 3 years 4 months with NPP 1 year 10 months
Count 8 – 18 months with NPP 10 months
Count 9 – 19 months with NPP 10 months
Count 13 – 3 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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