R v LD - [2024] NSWDC 645

District Court

New South Wales

Medium Neutral Citation: R v LD [2024] NSWDC 645
Hearing dates: 13/11/24, 21/11/24
Date of orders: 21/11/24
Decision date: 21 November 2024
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 4 years 9 months with a NPP of 3 years (24/4/23-23/4/26). I find special circumstances.
Indicatives (taking into account a 25 percent discount):
Seq 1 – 2 years 3 months (Form 1 taken into account)
Seq 2 – 2 years 4 months (Form 1 taken into account)
Seq 4 – 2 years 3 months
Seq 6 – 2 years
Seq 8 – 1 year 8 months

Catchwords:
Crime – Sentence – Aggravated indecent assault – Sexual intercourse 10-16 – Indecent assault

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

Cases Cited:
Carr v R (2020) NSWCCA 214
R v Carey (2024) NSWCCA 90
R v G [2008] UKHL 37
R v Gavel [2014] NSWCCA 56
SW v R [2013] NSWCCA 255

Category: Sentence
Parties: NSW DPP – Crown
LD - Offender
Representation: Mr A Lynch for Crown
Ms S Rostron for Offender

File Number(s): 23/131379
Publication restriction: Non-publication order in relation to the identity of the victim and the offender.

remarks on sentence

LD is for sentence in relation to five offences to which he has entered pleas of guilty and in relation to two of those offences he asks that I take into account other offences on Form 1 documents. The substantive offences are as follows:
Sequence 1 being an offence of aggravated indecent assault under s 61M(1) of the Crimes Act 1900 which carries a maximum penalty of seven years' imprisonment and there is a Form 1 matter attached to that.
Sequence 2 being an offence of sexual intercourse with a person above the age of ten, but under 16 years, that being an offence under s 66C(1). That offence carries a maximum penalty of eight years' imprisonment and I note that there is a Form 1 matter attached to that offence also.
The third substantive offence is the sequence 4 offence of sexual intercourse with a person aged ten years or above and under 16 years which is again an offence under s 66C(1). It carries a maximum penalty of eight years' imprisonment.
Sequence 6 is a similar type of offence and carries the same maximum penalty.
And, finally, sequence 8 which is an offence of indecent assault, that being an offence under s 61L of the Crimes Act 1900 and carries a maximum penalty of five years' imprisonment.
The matters on the Form 1 documents are, firstly, the sequence 10 offence of committing an act of indecency towards a person under the age of 16 years, that being attached to the sequence 1 offence and, secondly, the sequence 3 offence which an aggravated indecent assault offence and is attached to the sequence 2 offence.
None of the offences carry standard non-parole periods given that these offences were all committed before…

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 LD

Details

AGLC: R v LD [2024] NSWDC 645
Case: [2024] NSWDC 645
Decision Date: 21 November 2024

CaseChat Overview and Summary

In the matter of R v LD, the defendant was convicted of aggravated indecent assault and indecent assault. The incidents occurred when the defendant engaged in sexual intercourse with a child aged between 10 and 16 years. The case was heard in the relevant Australian court, where the primary focus was on determining an appropriate sentence for the crimes committed.

The legal issues that the court was required to decide included the calculation of the non-parole period, the application of a discount for the defendant's guilty plea, and the consideration of special circumstances. The court also had to consider the indicative sentencing ranges for the respective offences and the principles of cumulative sentencing.

In its reasoning, the court found that the defendant's actions were particularly egregious due to the age of the victim and the nature of the assaults. The court determined that a non-parole period of three years was appropriate, given the severity of the crimes and the need for deterrence and rehabilitation. The court applied a 25 percent discount for the defendant's guilty plea to the indicative sentences, resulting in the final sentence of an aggregate term of imprisonment of four years and nine months. The court also found that special circumstances existed, which influenced the final sentence.

The final orders of the court were that the defendant be convicted and sentenced to an aggregate term of imprisonment of four years and nine months, with a non-parole period of three years, running from 24 April 2023 to 23 April 2026. The court found that special circumstances existed, and the indicative sentences were adjusted accordingly.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 4 years 9 months with a NPP of 3 years (24/4/23-23/4/26). I find special circumstances.

Indicatives (taking into account a 25 percent discount):

Seq 1 – 2 years 3 months (Form 1 taken into account)

Seq 2 – 2 years 4 months (Form 1 taken into account)

Seq 4 – 2 years 3 months

Seq 6 – 2 years

Seq 8 – 1 year 8 months

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 LD [2024] NSWDC 645
Hearing dates:	13/11/24, 21/11/24
Date of orders:	21/11/24
Decision date:	21 November 2024
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 4 years 9 months with a NPP of 3 years (24/4/23-23/4/26). I find special circumstances. Indicatives (taking into account a 25 percent discount): Seq 1 – 2 years 3 months (Form 1 taken into account) Seq 2 – 2 years 4 months (Form 1 taken into account) Seq 4 – 2 years 3 months Seq 6 – 2 years Seq 8 – 1 year 8 months
Catchwords:	Crime – Sentence – Aggravated indecent assault – Sexual intercourse 10-16 – Indecent assault
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Carr v R (2020) NSWCCA 214 R v Carey (2024) NSWCCA 90 R v G [2008] UKHL 37 R v Gavel [2014] NSWCCA 56 SW v R [2013] NSWCCA 255
Category:	Sentence
Parties:	NSW DPP – Crown LD - Offender
Representation:	Mr A Lynch for Crown Ms S Rostron for Offender
File Number(s):	23/131379
Publication restriction:	Non-publication order in relation to the identity of the victim and the offender.