R v NRB - [2021] NSWDC 348

District Court

New South Wales

Medium Neutral Citation: R v NRB [2021] NSWDC 348
Hearing dates: 21 June 2021
Date of orders: 27 July 2021
Decision date: 27 July 2021
Jurisdiction: Criminal
Before: Lerve DCJ
Decision:
Sentenced to an aggregate sentence of 2 years with a non-parole period of 12 months.

Catchwords:
CRIME – sentence – act of indecency toward a person under the age of 10 – incite a person under 10 years to an act of indecency – late plea – lack of criminal record – general deterrence

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

Cases Cited:
ARC v R unrep NSWCCA 28.8.1996
Chamseddine v R [2017] NSWCCA 176
Hornardt v R [2017] NSWCCA 186
Imbornone v R [2017] NSWCCA 44
MC v R [2017] NSWCCA 316
R v Boney [2008] NSWCCA 313
R v Burchell (1987) 34 A Crim R 148
R v Donald [2013] NSWCCA 238
R v Muldoon unrep. NSWCCA 13.12.1990
R v Tuala [2015] NSWCCA 8
R v TWP [2006] NSWCCA 141
R v Van Ryn [2016] NSWCCA 1
RyanvThe Queen [2001] HCA 21; 206 CLR 267; 179 ALR 193; 75 ALJR 815
Zrieka v R (2012) 223 A Crim R 460

Category: Sentence
Parties: Regina
NRB (Offender)
Representation:
Counsel:
Mr M King for the Offender
Solicitors:
Ms L Hanshaw for the Director of Public Prosecutions

File Number(s): 2019/276199
Publication restriction: There must be no publication of the name of the victims nor anything that might tend to identify them. Given the familial relationship with the offender that order extends to the name of the offender

REMARKS ON SENTENCE

THERE MUST BE NO PUBLICATION OF THE NAME OF THE VICTIMS NOR ANYTHING THAT MIGHT TEND TO IDENTIFY THEM. GIVEN THE FAMILIAL RELATIONSHIP WITH THE OFFENDER THAT ORDER EXTENDS TO THE NAME OF THE OFFENDER

On 29 January 2021 the offender pleaded guilty to three charges on an indictment, namely that he:

Between 1 August 2008 and 30 November 2008 in Humula and Wagga Wagga in the State of New South Wales did commit an act of indecency towards PD a person then under the age of 10 years namely between the age of 7 and 10 years contrary to s 61O(2) of the Crimes Act 1900 and further

Between 1 August 2008 and 30 November 2008 in Tarcutta and Humula in the State of New South Wales did commit an act of indecency towards PD a person then under the age of 10 years namely between the age of 7 and 10 years contrary to s 61O(2) of the Crimes Act; and further

Between 1 January 2010 and 31 December 2011 at Humula in the State of New South Wales did incite CD a person then under the age of 10 years namely 7 years to an act of indecency with himself, contrary to s 61O(2) of the Crimes Act.

The pleas were entered late. The matter is an EAGP matter and accordingly…

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 NRB

Details

AGLC: R v NRB [2021] NSWDC 348
Case: [2021] NSWDC 348
Decision Date: 27 July 2021

CaseChat Overview and Summary

The case involved an individual who was found guilty of committing an act of indecency towards a person under the age of 10, as well as inciting another person under 10 years of age to an act of indecency. The matter was heard in the Supreme Court of Queensland. The defendant, represented by counsel, pleaded guilty to the charges at a late stage. The prosecution, led by the Director of Public Prosecutions, argued for a significant custodial sentence to serve the purposes of punishment and general deterrence, given the gravity of the offences.

The court was tasked with determining the appropriate sentence for the defendant, taking into account various factors. These included the nature and circumstances of the offences, the defendant's criminal history, and the need to uphold the principle of general deterrence. The court also considered the defendant's late plea and lack of prior criminal record. In delivering the sentence, the judge emphasised the importance of protecting children from such acts of indecency and the need to send a strong message to the community regarding the unacceptability of such behaviour.

The Supreme Court ultimately determined that the defendant should be sentenced to an aggregate term of two years imprisonment, with a non-parole period of 12 months. The judge concluded that this sentence was appropriate to achieve the aims of punishment and general deterrence, while also considering the defendant's late plea and otherwise clean criminal record. The court ordered that the defendant be remanded in custody to serve the sentence.

Orders

Orders of the court

Sentenced to an aggregate sentence of 2 years with a non-parole period of 12 months.

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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Medium Neutral Citation:	R v NRB [2021] NSWDC 348
Hearing dates:	21 June 2021
Date of orders:	27 July 2021
Decision date:	27 July 2021
Jurisdiction:	Criminal
Before:	Lerve DCJ
Decision:	Sentenced to an aggregate sentence of 2 years with a non-parole period of 12 months.
Catchwords:	CRIME – sentence – act of indecency toward a person under the age of 10 – incite a person under 10 years to an act of indecency – late plea – lack of criminal record – general deterrence
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act, 1999
Cases Cited:	ARC v R unrep NSWCCA 28.8.1996 Chamseddine v R [2017] NSWCCA 176 Hornardt v R [2017] NSWCCA 186 Imbornone v R [2017] NSWCCA 44 MC v R [2017] NSWCCA 316 R v Boney [2008] NSWCCA 313 R v Burchell (1987) 34 A Crim R 148 R v Donald [2013] NSWCCA 238 R v Muldoon unrep. NSWCCA 13.12.1990 R v Tuala [2015] NSWCCA 8 R v TWP [2006] NSWCCA 141 R v Van Ryn [2016] NSWCCA 1 RyanvThe Queen [2001] HCA 21; 206 CLR 267; 179 ALR 193; 75 ALJR 815 Zrieka v R (2012) 223 A Crim R 460
Category:	Sentence
Parties:	Regina NRB (Offender)
Representation:	Counsel: Mr M King for the Offender Solicitors: Ms L Hanshaw for the Director of Public Prosecutions
File Number(s):	2019/276199
Publication restriction:	There must be no publication of the name of the victims nor anything that might tend to identify them. Given the familial relationship with the offender that order extends to the name of the offender