R v Maguire (No. 3) - [2022] NSWDC 359

District Court

New South Wales

Medium Neutral Citation: R v Maguire (No. 3) [2022] NSWDC 359
Hearing dates: 26 July 2022
Date of orders: 26 July 2022
Decision date: 26 July 2022
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Specify an aggregate sentence of imprisonment of 15 years with a non-parole period of 10 years

Catchwords:
CRIME — Child sex offences — Child abuse material — Production
CRIME — Child sex offences — Procuring or grooming child for unlawful sexual activity
CRIME — Child sex offences — Sexual intercourse with child >10 <14
CRIME — Sexual offences — Act of indecency
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
SENTENCING — Sentencing procedure — Reasons for sentence

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

Cases Cited:
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Droudis v R [2020] NSWCCA 322
Gail v R [2021] NSWCCA 16
Markarian v R [2005] HCA 25
Muldrock v R [2011] HCA 39
PB v R [2016] NSWCCA 258
R v AJP [2004] NSWCCA 434
R v Maguire (No. 1) [2002] NSWDC 92
R v TWP [2006] NSWCCA 141
Tepania v R [2018] NSWCCA 247

Category: Sentence
Parties: Regina (Crown)
Raymond John Maguire (Offender)
Representation: Rosheehan O’Meagher (Crown Prosecutor)
Meredith Phelps (Counsel for the Offender)

File Number(s): 2018/00080289 & 2018/00264850
Publication restriction: Statutory non-publication order of the names of the complainants and of any information which may enable their identities to be ascertained

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION

On Friday 18 February 2022 after a judge alone trial Raymond John Maguire was found guilty of 15 charges in respect of three complainants upon which he was presented on the one indictment.

THE OFFENCES

The offences of which he was found guilty are that he:
COUNT 1

Between 1 September 2009 and 30 June 2012 in Wyee in the State of New South Wales did produce child pornography as offences contrary to s 91H(2) Crimes Act 1900.

A maximum penalty of imprisonment for ten years is specified. Upon summary conviction imprisonment for two years and a fine represented by 100 penalty units was available.
COUNT 2

Between 1 January 2010 and 31 December 2011 at Wyee in the State of New South Wales did, being an adult, engage in conduct that exposed RH, a child under the age of 14 years, namely 10, 11 or 12 years of age to indecent material with the intention of making it easy to procure RH for unlawful sexual activity with the said Raymond Maguire.

This offence is contrary to s 66EB(3) Crimes Act 1900. The maximum penalty for this offence is imprisonment for 12 years. There was no standard non-parole period that applied at the time of the misconduct, but in 2015, parliament introduced a standard non-parole period of five years. The offender shall be sentenced upon the structure in place at the time of the offence. There is also available upon summary conviction a maximum…

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 Maguire (No. 3)

Details

AGLC: R v Maguire (No. 3) [2022] NSWDC 359
Case: [2022] NSWDC 359
Decision Date: 26 July 2022

CaseChat Overview and Summary

The case of R v Maguire (No. 3) involved the defendant, Maguire, who was charged with multiple offences including the production of child abuse material, procuring or grooming a child for unlawful sexual activity, and engaging in sexual intercourse with a child over the age of ten. The case was heard in a higher court in Australia, where the prosecution sought to establish the guilt of the defendant and secure a suitable sentence. The central issues revolved around the interpretation and application of the relevant statutory provisions concerning child sex offences and the appropriate sentencing for multiple offences.

The court had to determine whether the prosecution had proven each charge beyond reasonable doubt, considering the evidence presented. This included assessing the credibility of witnesses, the admissibility of digital evidence, and the application of specific legal definitions to the acts alleged. Additionally, the court needed to decide on the appropriate aggregate sentence, taking into account the nature and seriousness of the offences, the circumstances in which they were committed, and the defendant's criminal history.

After thoroughly examining the evidence and legal arguments, the court found Maguire guilty on all charges. The court emphasised the gravity of the offences, noting the severe harm caused to the child and the defendant's persistent criminal behaviour. In determining the sentence, the court considered the cumulative impact of the offences and the need to protect society. The court concluded that an aggregate sentence of imprisonment was necessary, specifying a term of 15 years with a non-parole period of 10 years, to reflect the severity of the crimes and the protection of the public.

Orders

Orders of the court

Specify an aggregate sentence of imprisonment of 15 years with a non-parole period of 10 years

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.

Medium Neutral Citation:	R v Maguire (No. 3) [2022] NSWDC 359
Hearing dates:	26 July 2022
Date of orders:	26 July 2022
Decision date:	26 July 2022
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Specify an aggregate sentence of imprisonment of 15 years with a non-parole period of 10 years
Catchwords:	CRIME — Child sex offences — Child abuse material — Production CRIME — Child sex offences — Procuring or grooming child for unlawful sexual activity CRIME — Child sex offences — Sexual intercourse with child >10 <14 CRIME — Sexual offences — Act of indecency SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Sentencing procedure — Reasons for sentence
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Droudis v R [2020] NSWCCA 322 Gail v R [2021] NSWCCA 16 Markarian v R [2005] HCA 25 Muldrock v R [2011] HCA 39 PB v R [2016] NSWCCA 258 R v AJP [2004] NSWCCA 434 R v Maguire (No. 1) [2002] NSWDC 92 R v TWP [2006] NSWCCA 141 Tepania v R [2018] NSWCCA 247
Category:	Sentence
Parties:	Regina (Crown) Raymond John Maguire (Offender)
Representation:	Rosheehan O’Meagher (Crown Prosecutor) Meredith Phelps (Counsel for the Offender)
File Number(s):	2018/00080289 & 2018/00264850
Publication restriction:	Statutory non-publication order of the names of the complainants and of any information which may enable their identities to be ascertained