District Court
New South Wales
Medium Neutral Citation: R v LF (No. 2) [2022] NSWDC 465 Hearing dates: 17 June 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify an aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 3 years
Catchwords: CRIME — Child sex offences — Child abuse material — Production/Dissemination/Possession
CRIME — Child sex offences — Sexual intercourse with child <14 – Circumstances of aggravation
Legislation Cited: Crimes Act 1900
Cases Cited: BeavisvR [2018] NSWCCA 248
Cheung v Regina (2001) 209 CLR 1
CR v R [2020] NSWCCA 289
Markarianv The Queen [2005] HCA 25
Muldrockv The Queen [2011] HCA 39
RvDaley [2010] NSWCCA 223 48
R v De Simoni [1981] 147 CLR 383
R v Fisher (1989) 48 Crim R 442
RvHudson (Unreported, NSWCCA, 30 July 1998)
R v Olbrich (1999) 199 CLR 162
Regina v Isaacs (1997) 41 NSWLR 374
Savvas v The Queen (1995) 183 CLR 1
TepaniavR [2018] NSWCCA 247
Category: Sentence Parties: Regina (Crown)
LF (Offender)Representation: Jane Krippner (Solicitor Advocate)
Director of Public Prosecutions (NSW) (Crown)
Matthew Johnston SC (senior counsel for the Offender)
Braye Cragg Solicitors (Offender)
File Number(s): 2019/00356030 Publication restriction: No publication of the name of the accused or complainants or of any information which may enable their identities to be ascertained
REVISED EX TEMPORE JUDGEMENT
INTRODUCTION
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These are proceedings for the imposition of sentence upon the offender identified in these proceedings as LF. The offender appeared before me in the District Court of NSW sitting at Newcastle for trial upon an indictment containing five offences. Before then, there had been evidence taken from the complainants before another, or other, judges, presented to the jury in the manner which is now adopted for proceedings involving child complainants in sexual offence allegations.
PRE-TRIAL RULING
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When the evidence was taken before another judge there was opposition to the use of the pre-recorded interview conducted by a police officer under the arrangements with the Joint Investigation Response Team. The complaint was that the interview of the child was conducted in a less than satisfactory fashion, with a measure of imposition on the part of the police officer that ultimately led to the disclosure of misconduct founding the charges brought in respect of that complainant; notwithstanding that before then she had disavowed any such allegation against the offender.
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In the trial the matter was not agitated before me other than to bring to my attention the difficulty that the approach by the police officer created. This, of course, was a matter that was properly developed in the conduct of the offender's defence when the jury were encouraged to the view, on behalf of the offender, that the representations alleging the misconduct could not be accepted as entirely truthful and accurate to such an extent that there would be a reasonable doubt…
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- AGLC
- R v LF (No. 2) [2022] NSWDC 465
- Case
- [2022] NSWDC 465
- Decision Date
CaseChat Overview and Summary
The court addressed the respondent's appeal by first examining the definition of child abuse material under the relevant statute. It considered whether the respondent's actions fell within the statutory definitions and whether the material in question constituted a depiction of a child engaged in a sexual act. The court also evaluated the principle of double jeopardy, which prohibits an individual from being tried twice for the same offence, and determined that the respondent's earlier conviction for the same material did not bar his subsequent prosecution. Furthermore, the court assessed the severity of the crimes and the appropriate sentence, taking into account the respondent's background, the impact on the victims, and the principles of deterrence and rehabilitation.
In its decision, the court upheld the respondent's conviction but modified the sentence. The court found that the aggregate sentence of imprisonment should be 5 years and 6 months, with a non-parole period of 3 years. This decision balanced the need for punishment, deterrence, and the rehabilitation of the offender, while also considering the best interests of the victims and the community.
Orders
Orders of the court
Specify an aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 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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