District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Nicholson [2018] NSWDC 347 Hearing dates: 03 August 2018; 31 August 2018; 29 October 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1. The Offender is convicted.
2. The Offender is to be sentenced to an aggregate sentence comprising of:
a. A non-parole period of 2 years and 9 months to date from 19 February 2018 and to expire on 18 November 2020; and
b. An additional term of imprisonment of 2 years from 19 November 2020 to 18 November 2022, during which the offender shall be eligible to be released on parole.
3. The aggregate sentence in total is 4 years and 9 months.
4. Subject to the decision of the State Parole Authority the earliest release date is 18 November 2020.Catchwords: SENTENCING – Aggravating factors – Abuse of position of trust or authority in relation to the victim
SENTENCING – Aggravating factors – Home of victim or any other person
SENTENCING – Mitigating factors – Rehabilitation
SENTENCING – Mitigating factors – Remorse
SENTENCING – Relevant factors on sentence – Purposes of sentencing
SENTENCING – Sentencing procedure – Instinctive Synthesis – Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW)Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 25AA, 44
Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW)
Interpretation Act 1987 (NSW) s 30
Probation and Parole Act 1983 (NSW)
Probation and Parole (Serious Offenders) Amendment Act 1987 (NSW) s 20ACases Cited: AJB v R [2007] NSWCCA 51
Baines v R [2016] NSWCCA 132
Denham v The Queen [2016] NSWCCA 309
Georgopoulos v R [2010] NSWCCA 246
Imbornone v R [2017] NSWCCA 144
K and S Lake City Freighters Pty Ltd v Gordon and Gotch (1985) 157 CLR 309
MC v R [2017] NSWCCA 316
MPB v R [2013] NSWCCA 213
Mottram v R [2009] NSWCCA 210
PWB v R [2011] NSWCCA 84
R v PGM (2008) 187 A Crim R 152
R v Borkowski [2009] NSWCCA 102
R v Forbes [2016] EWCA Crim 1388
R v MJR [2002] NSWCCA 129
R v Thompson; R v Holton [2000] 49 NSWLR 383
R v Woods (2009) 195 A Crim R 173
Saddler v R (2009) 194 A Crim R 452
Simpson v R [2012] NSWCCA 246
X7 v Australian Crime Commission (2013) 248 CLR 92Texts Cited: DC Pearce and RS Geddes, Statutory Interpretation in Australia (8th Edition, Lexis Nexus Butterworths, 2014) Category: Sentence Parties: Regina (Crown)
Bruce Frederick Nicholson (Offender)Representation: Counsel:
Mr S Boland (Offender)
Mr R Steward (Crown)Solicitors:
Streeton Criminal Lawyers
Director of Public Prosecutions
File Number(s): 15/199327 Publication restriction: N/A
Remarks on Sentence
-
The Victim was born on 29 May 1983. The Offender was born on 20 May 1948. In 1983, the Victim immigrated from Corsica as an infant with her parents, her brother, who was aged 6 at the time, and a 17…
Continue reading R v Nicholson
Sign in free to access the full text
- AGLC
- R v Nicholson [2018] NSWDC 347
- Case
- [2018] NSWDC 347
- Decision Date
CaseChat Overview and Summary
In determining the appropriate sentence, the court identified several aggravating factors, including the abuse of a position of trust and the fact that the offence occurred in the victim's home. These factors were significant in establishing the severity of the offender's actions. The court also considered mitigating factors, such as the offender's expressed remorse and potential for rehabilitation. The court applied the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) to weigh these factors in accordance with the purposes of sentencing. The overarching aim was to ensure justice for the victim, deter the offender and others, and promote the rehabilitation of the offender.
The court conducted an instinctive synthesis of all the factors, concluding that the sentence should reflect the gravity of the crimes committed while also providing an opportunity for the offender's rehabilitation. The aggregate sentence of 4 years and 9 months was determined to be appropriate, balancing the need for punishment with the possibility of reform. The non-parole period of 2 years and 9 months was set to ensure that the offender serves a significant period of time before being considered for parole, while the additional term of imprisonment allows for continued supervision and rehabilitation efforts.
The final orders of the court mandated the conviction of the offender, set the aggregate sentence, and outlined the conditions for parole eligibility. The earliest possible release date was determined to be 18 November 2020, subject to the State Parole Authority's decision.
Orders
Orders of the court
1. The Offender is convicted.
2. The Offender is to be sentenced to an aggregate sentence comprising of:
a. A non-parole period of 2 years and 9 months to date from 19 February 2018 and to expire on 18 November 2020; and
b. An additional term of imprisonment of 2 years from 19 November 2020 to 18 November 2022, during which the offender shall be eligible to be released on parole.
3. The aggregate sentence in total is 4 years and 9 months.
4. Subject to the decision of the State Parole Authority the earliest release date is 18 November 2020.
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.