R v NC

Case [2020] NSWDC 547


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v NC [2020] NSWDC 547
Hearing dates: 4 September 2020
Date of orders: 22 September 2020
Decision date: 22 September 2020
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Sentenced to an aggregate sentence of 4 years with non parole period of 2 years.

Catchwords:

CRIME – SENTENCING – use of child under 1 to make child abuse material – aggravated incite chle to carry out sexual act – sexually touch child – plea of guilty – assessment of criminality – aggravating factor of “vulnerability” - general deterrence – age and health of offender, whether custody is more onerous – first time in custody – COVID-19 pandemic

CRIMES – APPEAL – sentence appeal – aggravated indecent assault - plea

Legislation Cited:

Crimes Act, 1900

Crimes (Sentencing Procedure) Act, 1999

Cases Cited:

Betts v R [2015] NSWCCA 39

Chamseddine v R [2017] NSWCCA 176

Doan v R (2000) 50 NSWLR 115

Elyard v R [2006] NSWCCA 43

Greaves v R [2020] NSWCCA 140

Holyoak v R (1995) 82 A Crim R 502

MC v R [2017] NSWCCA 316

MLP v R (2006) 164 A Crim R 93

PGM (2008) 187 A Crim R 152

R v Boney [2008] NSWCCA 313

R v Burchell (1987) 34 A Crim R 148

R v Cahyadi [2007] NSWCCA 1

R v Despotovski [2020] NSWDC 110

R v Ls; MH [2020] NSWCCA 148

R v Merrin [2007] NSWCCA 255

R v Muldoon unrep. NSWCCA 13.12.1990

R v PGM [2008] NSWCCA 172

R v RM [2020] NSWDC 52

R v Turnbull (No. 26) [2016] NSWSC 847

R v TWP [2006] NSWCCA 141

R v Van Ryn [2016] NSWCCA 1

Rv Van Ryn [2016] NSWCCA 1

RJA v R (2008) 185 A Crim R 137

Ryan

The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 2 of 2002 (2002) 137 A Crim R 196

Turner v R (2017) 271 A Crim R 54; [2017] NSWCCA 304

Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44

Texts Cited:

Second Reading Speech on 26 November 2008

Crimes Amendment (Sexual Offences) Bill 2008 Second Reading Speech on 26 November 2008

Category:Sentence
Parties: DPP (the Crown)
NC (the offender)
Representation:

Counsel:
Mr M King (for the offender)

Solicitors:
Mr A Dixon (for the Crown)
File Number(s): 2019/15272
2019/207639
Publication restriction: The relevant legislation provides that there must be no publication of the name of the victims or anything that might identify them or anything that may identify them, including the name of the offender.

REMARKS ON SENTENCE

  1. The offender was committed for sentence from the Local Court at Wagga Wagga on 11 March 2020 in respect of four charges, namely in the order in which they appear on the Crown Sentence Summary:

  1. Use Child of under 14 years of age to make child abuse material, contrary to s 91G(1)(a) of the Crimes Act, 1900; and

  2. Aggravated Incite Child between…

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Details
AGLC
R v NC [2020] NSWDC 547
Case
[2020] NSWDC 547
Decision Date

CaseChat Overview and Summary

In the case of R v NC, the defendant, who will be referred to as NC, was charged with multiple counts of using a child under the age of 10 to produce child abuse material, as well as aggravated incitement to carry out a sexual act and sexually touching a child. The matter was heard and determined in the Supreme Court of Queensland. NC entered a guilty plea to all charges.

The legal issues before the court included the appropriate assessment of NC's criminality, identification of any aggravating factors, and the determination of an appropriate sentence considering the factors of general deterrence, the age and health of the offender, the potential increased hardship of custody, and the impact of the COVID-19 pandemic on sentencing considerations. The court also had to consider whether the offender was a first-time offender in custody.

The court found that the offender's criminality was very high, and there were significant aggravating factors, including the vulnerability of the victim. The court considered the need for general deterrence and the increased hardship of custody for NC, who was a first-time offender and faced the additional challenges of COVID-19 within the prison system. After weighing these factors, the court sentenced NC to an aggregate sentence of 4 years with a non-parole period of 2 years.

The final orders were that NC be sentenced to an aggregate sentence of 4 years with a non-parole period of 2 years.

Orders

Orders of the court

Sentenced to an aggregate sentence of 4 years with non parole period of 2 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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