R v Lesslie

[2007] NSWDC 387

CITATION:	R v LESSLIE [2007] NSWDC 387
HEARING DATE(S):	02/02/07
JUDGMENT DATE:	2 February 2007
JURISDICTION:	CRIMINAL
JUDGMENT OF:	Finnane QC DCJ
DECISION:	I sentence the offender to enter into a bond pursuant to S 9 of the Crimes (Sentencing Procedure) Act 1999 to be of good behaviour for a period of five years.
CATCHWORDS:	CRIMINAL LAW - sentence - sentencing orders - indecent assault child - sect 9 Crimes (Sentencing Procedure) Act 1999 -
LEGISLATION CITED:	s 9 Crimes (Sentencing Procedure) Act 1999 NSW
PARTIES:	Regina Stephen James LESSLIE
FILE NUMBER(S):	05/61/0174
SOLICITORS:	Director of Public Prosecutions (Crown) Dear & Loneragan Solicitors

1. HIS HONOUR: Stephen James Lesslie originally came for trial before me on 11 December 2006 for a series of offences, five of them, and to that indictment he pleaded not guilty.

2. The circumstances of the case, as I have indicated already, were really quite deplorable. A young girl, who was the complainant in the matter, was interviewed by a police officer who lost her interview. Then a year went by and another police officer eventually interviewed her and then a number of years went by before anything was done to bring Mr Lesslie to court. All this, no doubt, put enormous strain on the young complainant and the fact that the original interview was lost had meant severe problems for the Crown in the conduct of the case.

3. The complainant gave some evidence. She was clearly very upset and, believably, more than a little confused as a result of the very poor treatment she got on the part of the New South Wales Police who were supposed to be investigating her case. I hasten to say that the conduct of the police cannot be brought to bear on Mr Lesslie. There is no suggestion that he had anything to do with the police ineptitude.

4. I have read the victim impact statement. It is a very, very sad statement and I can say it brought a tear to my eye.

5. I think it has to be said that even without this victim impact statement that any young child who is the subject of any form of abuse at the hands of an adult in whose care she is affected very seriously by it. The abuse can be something of this nature; rubbing her body outside her clothing near her vagina area; it can be inappropriate kissing or touching. It amounts to an invasion of privacy and creates enormous confusion in the mind of a child and other people. There is no doubt that any person who is placed in a position of this young lady would feel terribly victimised and terribly upset. I have read her statement. It is a very sad one and what it says reflects what I have just said.

6. The fact that she has given me this statement does not mean, of course, that I increase the sentence on Mr Lesslie, because the sentence imposed on him would apply whether he caused this terrible emotional upset or not.

7. As a matter of fact, it would seem that he has. His counsel has conceded that in a case like this, this is almost the situation and I agree with that.

8. It is essentially an incident which serious breach of trust. Most offences involving indecent assaults on children are committed by people who know the children.

9. Contrary to the mythology of some television shows, strangers do not wander around the streets snatching children so much as friends and relatives and people they know abuse them; people in whom they place their trust.

10. So, I can only say to the complainant here that I am very sorry for what happened to her and it is most unacceptable that a series of matters like this could be investigated like this in such a poor fashion. I have myself separately made my own representations to the relevant authorities about the unsatisfactory nature of this investigation. Again, that has nothing to do with Mr Lesslie and nothing to do with any sentence that could be imposed on him. It has to do with my being dissatisfied with the poor conduct of those investigating serious offences.

11. He has pleaded guilty to one matter. The Crown has accepted that plea. The prosecutor told me that he had consulted with the complainant before accepting that plea. Mr Lesslie must be sentenced on the basis of the facts that are agreed and the facts agreed as to the one matter to which he pleaded guilty.

12. In court today, during the course of giving evidence, he has expressed his remorse and he has said that he was very much affected by the distress suffered by this young lady and that is why he pleaded guilty. He says he does not specifically remember what happened, but because of her upset he came to the conclusion that she must be telling the truth. He described himself as being, "the scum of the earth."

13. I can only say that he is one of the very few people who has come before me on any offence like this who has been prepared to accept responsibility and to express true contrition. Very many people charged with this offence express no contribution and claim to have done nothing. The fact that he has done that is a matter that must be taken into account in his favour.

14. Evidence shows that he cares for four of his own children and the Department of Community Services investigated those arrangements and is satisfied with them. As he has pleaded guilty to a child sex offence he has to be registered under the appropriate legislation and that will bar him from having contact with other children.

15. Evidence also establishes that he has a couple of quite serious illnesses. He does have criminal antecedents, but they are, in the main, not of a very relevant nature.

16. He is a volunteer bush fire fighter, which indicates he is prepared to do something for the community.

17. It is clear that indecent assaults are various in nature. Those that involve rubbing around the vaginal area are more serious than, say, an inappropriate kissing or a touching near the breasts. However, they are also less serious than an attempt to penetrate from underneath the clothing.

18. In my opinion this is a matter which can best be dealt with by way of placing him on a bond under S 9 of the Crimes (Sentencing Procedure) Act for a period of five years and to place him under the supervision of the Probation and Parole Service for as long as that Service thinks necessary. They have investigated his living arrangements and other aspects of his life and if they think it is not important to continue supervision, they can discontinue that supervision. They can refer him to certain programmes and he is obliged to attend those programmes.

19. It is not a case where I should impose a sentence of imprisonment.

20. Of course, if he had been convicted on the major offences that would be a different matter. But, he has not been convicted on those major offences. He has pleaded guilty to one offence and one offence only and that is what I must sentence him on.

21. So, I sentence the offender to enter into a bond pursuant to S 9 of the Crimes (Sentencing Procedure) Act to be of good behaviour for a period of five years that bond will go from today, 2 February, 2007, and will go to 1 February, 2012.

22. It is a condition of the bond that he places himself under the supervision of the Probation and Parole Service and undertakes such programmes as that Service considers necessary. The Service may terminate its supervision at any time. He is to report to the officer in charge of that Service at Taree within seven days of today.

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