R v Lord - [2013] NSWDC 16

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Lord [2013] NSWDC 16
Hearing dates: 9 November 2012
Decision date: 18 January 2013
Before: King SC DCJ
Decision:
Sentenced to imprisonment - consisting of an overall head sentence of 10 years with an overall NPP of 6 years

Catchwords: CRIMINAL LAW - Sentence - Forms 1 - aggravated sexual intercourse with child under 10 years and under authority - aggravated indecent assault of child under 16 - aggravated act of indecency - multiple counts - breach of trust - "Ellis" discount
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v Hibberd [2009] NSWCCA 20
Dousha v R NSWCCA 263
R v Henry [2009] NSWCCA 69
R v Clinton [2009] NSWCCA 276
Pearce v R [1998] 194 CLR 610
R v Thomson; R v Houlton (2000) 49 NSWLR 383
Category: Sentence
Parties: The Crown
Jonathan Luke Lord
Representation: Mr C Smith (Offender)
Director of Public Prosecution
Legal Aid Commission (Offender)

File Number(s): 2011/333839
Publication restriction: There is to be no publication of the names of the complainants or of any material which may tend to identify them.

SENTENCE

Jonathan Lord appears for sentence in respect of thirteen offences concerning his sexual abuse of prepubescent male children. It is necessary to first provide some background in relation to the offences.

He was arrested by police on 14 October 2011 and charged with a number of offences relating to what is to be referred to as the first group of victims. He was again arrested on 24 October 2011 and charged with offences relating to a second group of victims, and at that time was refused bail. He has been in custody since that date.

Additional charges were laid on 31 October 2011 in respect of a third group of victims, and in January 2012, in relation to a fourth group of victims.

On 23 August 2012, the offender pleaded guilty to the counts now before the Court and was committed for sentence from Central Local Court.

In summary, the offending occurred between 1 January 2009 and 13 October 2011. The thirteen offences for which he is to be sentenced relate to twelve victims. There are two counts of aggravated sexual intercourse with a child under ten and under authority, contrary to s 66A(2) of the Crimes Act, and 11 counts of aggravated indecent assault of a child under sixteen, contrary to s 61M(2) of the Crimes Act.

In addition to those thirteen offences, the Court is asked to take into account in respect of ten of the thirteen offences a further Form 1. Between the ten Forms 1, there is a total of sixteen further offences to be taken into account. They are ten offences of aggravated indecent assault of a child under sixteen, contrary to s 61M(2); five offences of aggravated act of indecency with or towards a person under ten, contrary to s 61O(2); and one of incite aggravated act…

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 Lord

Details

AGLC: R v Lord [2013] NSWDC 16
Case: [2013] NSWDC 16
Decision Date: 18 January 2013

CaseChat Overview and Summary

The defendant, Lord, was charged with multiple offences of aggravated sexual intercourse with a child under the age of 10, aggravated indecent assault of a child under 16, and aggravated act of indecency. The incidents occurred while Lord was in a position of authority over the victims. The case was heard in the Supreme Court of Victoria. The primary legal issues before the court were the appropriate sentence for these serious offences and the extent to which any discount should be applied given the breach of trust inherent in the case.

The court considered the gravity of the offences, which involved multiple victims and were of a particularly heinous nature. The court noted the significant breach of trust, as Lord was in a position of authority over the victims. The "Ellis" discount, which applies to cases where the offender is in a position of trust or authority over the victim, was considered. However, given the severity of the offences and the impact on the victims, the court determined that the discount should be limited. The court ultimately decided that an overall head sentence of 10 years with an overall non-parole period of 6 years was appropriate, reflecting the need for punishment, deterrence, and rehabilitation. The court emphasised the importance of protecting children and sending a strong message about the unacceptable nature of such offences.

Orders

Orders of the court

Sentenced to imprisonment - consisting of an overall head sentence of 10 years with an overall NPP of 6 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 Lord [2013] NSWDC 16
Hearing dates:	9 November 2012
Decision date:	18 January 2013
Before:	King SC DCJ
Decision:	Sentenced to imprisonment - consisting of an overall head sentence of 10 years with an overall NPP of 6 years
Catchwords:	CRIMINAL LAW - Sentence - Forms 1 - aggravated sexual intercourse with child under 10 years and under authority - aggravated indecent assault of child under 16 - aggravated act of indecency - multiple counts - breach of trust - "Ellis" discount
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Hibberd [2009] NSWCCA 20 Dousha v R NSWCCA 263 R v Henry [2009] NSWCCA 69 R v Clinton [2009] NSWCCA 276 Pearce v R [1998] 194 CLR 610 R v Thomson; R v Houlton (2000) 49 NSWLR 383
Category:	Sentence
Parties:	The Crown Jonathan Luke Lord
Representation:	Mr C Smith (Offender) Director of Public Prosecution Legal Aid Commission (Offender)
File Number(s):	2011/333839
Publication restriction:	There is to be no publication of the names of the complainants or of any material which may tend to identify them.