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
R v Burchell (1987) 34 A Crim R 148
R v Muldoon unrep. NSWCCA 13.12.1990
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:
Solicitors:
Mr M King for the Offender
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
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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.
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The pleas were entered late. The matter is an EAGP matter and accordingly…
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- AGLC
- R v NRB [2021] NSWDC 348
- Case
- [2021] NSWDC 348
- Decision Date
CaseChat Overview and Summary
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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