R v Mabbott, Glenn - [2009] NSWDC 133

CITATION: R v Mabbott, Glenn [2009] NSWDC 133

HEARING DATE(S): 16/01/2009, 30/01/2009

JUDGMENT DATE:
17 April 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: 2008/00015326-003 / Sexual intercourse with person under the age of 10 years-
sentenced to a term of minimum term of 7 years, 6 months with a non-parole period of 3 years. The offender is first eligible for parole on 22 July 2010.
This sentence is Concurrent with other sentences being served by the offender.
Form 1 matters taken into account: H31394146/2- Sexual inter. with child under age of 10 yrs.
Commit act of indecency;Indecent assault child under 10yrs; Sexual intercourse with person under the age of 10 years- sentenced to a term of imprisonment of 3 years, 9 months with a non-parole period of 2 years.
This sentence is Concurrent with other sentences being served..
Sexual intercourse with person under the age of 10 years- sentenced to a term of imprisonment of 4 years, 6 months with a non-parole period of 2 years, 6 months. This sentence is Concurrent with other sentences
Sexual intercourse with person under the age of 10 years-
sentenced to minimum term of 3 years, 9 months with a non-parole period of 2 years - sentence is Concurrent with other sentences

CATCHWORDS: Criminal Law - Sentencing - historic sexual assaults - peadophile conduct - sentenced by earlier judge for other peadophile conduct - instant charges pre-date current sentenced matters - 7 year old victim - digital, penile-vaginal penetration - indecent acts - psychosexual profile - sexually abused as child - sexual fantacies important agent in his sex drive - participant in CUBIT program -significant rehabilitation progress - minimization of offending and dimunition of insight by reliance upon jargon from program - risk of reoffending high.

LEGISLATION CITED: Crimes Act

CASES CITED: Gladue [1999] 1SCR 688 [80]
R v Cuthbert (1967) 2 NSWR 329
R v Hayes [1984] 1 NSWLR 740
The Queen v Zappalla unreported NSW CCA 5
Walden v Hensler 163 CLR 561
Attorney General’s application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (2004) 61 NSWLR 305
R v Ellis (1986) NSWLR 603
R v Pearce (1998) 194 CLR 610

TEXTS CITED: Hollow Waters Model, Rupert Ross in ‘Returning to the Teachings’

PARTIES: Regina
Glenn Raymond Mabbott

FILE NUMBER(S): 2008/00015326

SOLICITORS: Crown: Ms Smith
Defence: Mr Dickens

1. Glenn Mabbott is a self confessed paedophile. In October 2001 he was sentenced to a non-parole period of six years and a balance of term of two years for a series of offences committed against a complainant aged seven or eight. These offences occurred between December 1999 and December 2000. The offender is now before the court for four further paedophile offences occurring between January 1999 and January 2000 upon another young female complainant aged seven or eight. Generally speaking these offences precede the offences Hock DCJ dealt with. After completing a sex offender’s program to which I will return in more detail later he is able to acknowledge:

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 Mabbott, Glenn

Details

AGLC: R v Mabbott, Glenn [2009] NSWDC 133
Case: [2009] NSWDC 133
Decision Date: 17 April 2009

CaseChat Overview and Summary

The case of R v Mabbott, Glenn was heard by the Supreme Court of Victoria. The defendant, Glenn Mabbott, was convicted of multiple historic sexual assaults against a seven-year-old victim, involving digital and penile-vaginal penetration as well as indecent acts. Mabbott had previously been sentenced for other child sexual offences and his current charges predated these matters. The court was required to determine an appropriate sentence for these historic offences, taking into account Mabbott's psychosexual profile and history of being a victim of sexual abuse himself.

The legal issues before the court included the nature and seriousness of the offences, the defendant's history of sexual offending, his participation in a rehabilitation program, and his potential risk of reoffending. The court also needed to consider whether Mabbott's claimed progress in rehabilitation was genuine or merely an attempt to minimise his offending and diminish his insight. In assessing the risk of reoffending, the court considered Mabbott's sexual fantasies as an important driver of his sex offences.

In delivering the judgment, the court found that despite Mabbott's participation in a rehabilitation program and claims of significant progress, his minimization of offending and use of program jargon indicated a lack of true insight. The court concluded that the risk of reoffending was high due to Mabbott's entrenched sexual fantasies and patterns of behaviour. As a result, the court sentenced Mabbott to a minimum term of seven years and six months for the historic sexual offences, with a non-parole period of three years. This sentence was to run concurrently with other sentences Mabbott was already serving.

Orders

Orders of the court

2008/00015326-003 / Sexual intercourse with person under the age of 10 years-

sentenced to a term of minimum term of 7 years, 6 months with a non-parole period of 3 years. The offender is first eligible for parole on 22 July 2010.

This sentence is Concurrent with other sentences being served by the offender.

Form 1 matters taken into account: H31394146/2- Sexual inter. with child under age of 10 yrs.

Commit act of indecency;Indecent assault child under 10yrs; Sexual intercourse with person under the age of 10 years- sentenced to a term of imprisonment of 3 years, 9 months with a non-parole period of 2 years.

This sentence is Concurrent with other sentences being served..

Sexual intercourse with person under the age of 10 years- sentenced to a term of imprisonment of 4 years, 6 months with a non-parole period of 2 years, 6 months. This sentence is Concurrent with other sentences

Sexual intercourse with person under the age of 10 years-

sentenced to minimum term of 3 years, 9 months with a non-parole period of 2 years - sentence is Concurrent with other sentences

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Mabbott, Glenn [2009] NSWDC 133
HEARING DATE(S):	16/01/2009, 30/01/2009
JUDGMENT DATE:	17 April 2009
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	2008/00015326-003 / Sexual intercourse with person under the age of 10 years- sentenced to a term of minimum term of 7 years, 6 months with a non-parole period of 3 years. The offender is first eligible for parole on 22 July 2010. This sentence is Concurrent with other sentences being served by the offender. Form 1 matters taken into account: H31394146/2- Sexual inter. with child under age of 10 yrs. Commit act of indecency;Indecent assault child under 10yrs; Sexual intercourse with person under the age of 10 years- sentenced to a term of imprisonment of 3 years, 9 months with a non-parole period of 2 years. This sentence is Concurrent with other sentences being served.. Sexual intercourse with person under the age of 10 years- sentenced to a term of imprisonment of 4 years, 6 months with a non-parole period of 2 years, 6 months. This sentence is Concurrent with other sentences Sexual intercourse with person under the age of 10 years- sentenced to minimum term of 3 years, 9 months with a non-parole period of 2 years - sentence is Concurrent with other sentences
CATCHWORDS:	Criminal Law - Sentencing - historic sexual assaults - peadophile conduct - sentenced by earlier judge for other peadophile conduct - instant charges pre-date current sentenced matters - 7 year old victim - digital, penile-vaginal penetration - indecent acts - psychosexual profile - sexually abused as child - sexual fantacies important agent in his sex drive - participant in CUBIT program -significant rehabilitation progress - minimization of offending and dimunition of insight by reliance upon jargon from program - risk of reoffending high.
LEGISLATION CITED:	Crimes Act
CASES CITED:	Gladue [1999] 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Hayes [1984] 1 NSWLR 740 The Queen v Zappalla unreported NSW CCA 5 Walden v Hensler 163 CLR 561 Attorney General’s application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (2004) 61 NSWLR 305 R v Ellis (1986) NSWLR 603 R v Pearce (1998) 194 CLR 610
TEXTS CITED:	Hollow Waters Model, Rupert Ross in ‘Returning to the Teachings’
PARTIES:	Regina Glenn Raymond Mabbott
FILE NUMBER(S):	2008/00015326
SOLICITORS:	Crown: Ms Smith Defence: Mr Dickens