R v Murrin

[2008] NSWDC 29

CITATION:	R v Murrin [2008] NSWDC 29
JUDGMENT DATE:	10 March 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Murrell SC DCJ
DECISION:	See paragraph [40]
CATCHWORDS:	Indecent assaults by teaching brother - old offences - limited moral culpability - demonstrated rehabilitation
LEGISLATION CITED:	s.81 Crimes Act 1900
PARTIES:	Regina Ross Francis Murrin
FILE NUMBER(S):	07/11/0845
SOLICITORS:	Mr J Nathan (Crown) Mr G Walsh (Defence)

JUDGMENT

1 In 1974, when the offender was a trainee brother and junior teacher responsible for a Year 5 class at the Marist Brothers Primary School, Daceyville, he indecently assaulted 8 pupils in his class.

2 In 2007, the offender was contacted in Rome, where he was working for the Catholic Church as a translator. He returned to Australia voluntarily.

3 The offender pleaded guilty to 17 offences of indecent assault contrary to s. 81 of the Crimes Act 1900.

4 Section 81 carries a maximum available penalty of five years' imprisonment. It encompasses a wide range of conduct, including serious sexual assaults against boys falling short of buggery. In 1984, the provision was repealed.

5

(1) Victim A. In the first week of school, the offender asked the victim to stay back after school. He directed the victim to sit on his lap. He rubbed the victim's groin. He stopped when M said that he did not like it.

(2) Victim B. In the first month of school, the offender called the victim to sit on his lap in front of the class. He pulled out the victim's shirt and rubbed the victim's chest, back and stomach. He placed his hand inside the victim's shorts and rubbed the victim's leg, but as the shorts were tight, he could not fully insert his hand into the shorts.

(3) Victim B. The offender was supervising victims B and E on detention. He called B to one side of the classroom and fondled his penis outside the pants until E created a disturbance that required his attention.

(4) Victim C. On a religious retreat, when the victim was in bed early in the morning, the offender reached his hand under the blanket and touched the victim's stomach for about 10 seconds, until C objected.

(5) Victim D. On the religious retreat, when D had finished showering and was alone and wrapped in a towel, the offender accompanied him back to his room. The offender placed his hand under the towel and attempted to loosen it. He placed his hand on victim's buttocks and felt around the victim's anus.

(6) Victim D. In about February, 1974, when pupils were filing into class, the offender placed his hand inside the victim's underpants and squeezed his buttocks.

(7) Victim D. In February 1974, when the victim was filing from class with other pupils, the offender placed his hand inside the victim's underpants and rested his hand on the victim's buttocks for about 30 seconds. The incident ceased when the pupils reached their destination, the library.

(8) Victim E. On the same occasion and…