R v NT

[2017] ACTSC 69

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v NT

Citation:

[2017] ACTSC 69

Hearing Date:

21 February 2017

DecisionDate:

22 March 2017

Before:

Penfold J

Decision:

See [51]-[55] below

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – acts of indecency involving a person under 10 years of age – relationship of trust involving grandfather and granddaughter –childhood sexual abuse and mental illness may explain but does not justify offender’s actions – disclosure of otherwise unknown offences – whether disclosed offences would otherwise have come to light – effect of such a finding on size of sentencing discount.

Legislation Cited:

Crimes Act 1900 (ACT), s 61

Cases Cited:

Bugmy v The Queen [2013] HCA 37; 249 CLR 571

R v  Ellis (1986) 6 NSWLR 603

R v Verdins [2007] VSCA 102; 16 VR 269

Parties:

The Queen (Crown)

NT (Offender)

Representation:

Counsel

Ms S Gul (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 250 of 2016

The offences

1. NT has pleaded guilty to 10 offences of acts of indecency involving a person under 10 years of age, arising under s 61 of the Crimes Act 1900 (ACT) and carrying a maximum penalty including imprisonment for 12 years. Nine of those offences are acts of indecency on the person, and one is an act of indecency in the presence of the person.

The incidents

1. The sexual abuse to which these charges relate took place between September 2014 and July 2016.  The victim was NT's granddaughter, who at the time the offences came to light in July 2016 was nine years old.  The accused was then 64. 

1. The victim, whose father is NT's son, lives with her family in southern New South Wales.  NT and his wife, EH, lived in the ACT in a one-bedroom unit.  On occasions, the victim stayed with NT and his wife in the ACT.

1. On 23 July 2016 the victim stayed at her grandparents' home.  Following her normal routine, she initially lay down on her grandparents' bed, from which she would later be moved onto the couch where she would sleep the rest of the night.  NT joined her on the bed, fondled her breasts, and stroked her buttocks.  This was observed by his wife, the victim's step-grandmother, who went into the room, reported what she had seen, and told the victim that this was not something her grandfather should have been doing. NT left the house and the next morning his wife discovered that he had been admitted to the emergency department at Canberra Hospital after being found wandering near the Cotter Dam.  He was admitted to the mental health unit at the hospital and at some point told his wife that he and the victim had fallen in love. 

1. Over the next few weeks, further details emerged of the sexual activity in which NT had involved his granddaughter. On 28 July last…