R v Paterson

Case [2020] NSWDC 416


District Court


New South Wales

Medium Neutral Citation: R v Paterson [2020] NSWDC 416
Hearing dates: 23 July 2020
Date of orders: 13 August 2020
Decision date: 13 August 2020
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Aggregate sentence of 2 years 10 months, with non parole period of 1 year 3 months

Catchwords:

CRIME – SENTENCING – fail to comply with reporting obligations - groom child for unlawful sexual activity – money sent to victim’s accounts – sexually explicit texts – intellectual impairment of offender – reduced moral culpability – general deterrence

Legislation Cited:

Child Protection (Offender’s Registration) Act, 2000

Crimes Act, 1900

Crimes (Sentencing Procedure) Act, 1999

Cases Cited:

The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999, No. 1 of 2002 (2002) 56 NSWLR 146

Aslan v R [2014] NSWCCA 114

R v Boney [2008] NSWCCA 313

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; 205 A Crim R 1; [2010] NSWCCA 194

R v Despotovski [2020] NSWDC 110

Muldrock v The Queen [2011] HCA 39

R v MW [2019] NSWDC 307

Ngati v R [2014] NSWCCA 125

Taitoko v R [2020] NSWCCA 43

Tepania v R [2018] NSWCCA 247

Category:Sentence
Parties: Regina
Troy Owen Paterson (Offender)
Representation: Counsel:
Ms C Mendes for the Offender
Solicitors:
Ms V Morgan for the Crown
File Number(s): 2019/232686
Publication restriction: No publication of the name of the complainant or anything that would tend to identify them.

REMARKS ON SENTENCE

  1. The offender appeared before the Local Court at Wagga Wagga on 22 April 2020 and pleaded guilty to three charges, namely one count of Fail to comply With Reporting Obligations contrary to s 17(1) of the Child Protection (Offender’s Registration) Act, 2000 and two counts of Groom Child for Unlawful Sexual Activity contrary to s 66EB(3) of the Crimes Act, 1900.

  2. The pleas of guilty were adhered to at the sentence hearing at the Wagga Wagga District Court on 23 July 2020 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the pleas of guilty.

  3. The maximum penalty for the offence of Fail to Comply with Reporting Obligations is 5 years imprisonment and/or a fine of 500 penalty units. There is no standard non-parole period specified in respect of that offence. The maximum penalty for what are shortly or commonly known as the “Grooming” offences is 10 years imprisonment. Parliament has specified a standard non-parole period of 4 years in respect of that offence. I acknowledge that I am engaged in a one-step instinctive process in which two of the principle guideposts are the maximum penalty and the standard non-parole period.

  4. In addition the offender asks that when sentencing him in respect of the first of the Grooming charges I take into account two charges on a Form 1 document, namely two further charges of Fail to Comply with Reporting Obligations contrary to s 17(1) of the Child Protection (Offenders…

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AGLC
R v Paterson [2020] NSWDC 416
Case
[2020] NSWDC 416
Decision Date

CaseChat Overview and Summary

The case of R v Paterson involved a defendant who was found guilty of failing to comply with reporting obligations, grooming a child for unlawful sexual activity, sending money to the victim's accounts, and sending sexually explicit texts. The case was heard in the relevant court where the defendant's intellectual impairment was considered as a mitigating factor. The legal issues before the court were the appropriate sentence to be imposed on the defendant, taking into account the seriousness of the crimes, the defendant's intellectual impairment, and the need for general deterrence.

The court considered the severity of the crimes, the defendant's intellectual impairment, and the need for general deterrence. The court found that the defendant's intellectual impairment reduced his moral culpability, but also noted that the crimes were serious and had a significant impact on the victim. The court held that the sentence should reflect the seriousness of the crimes, the need for general deterrence, and the defendant's intellectual impairment. The court ultimately imposed an aggregate sentence of 2 years and 10 months, with a non-parole period of 1 year and 3 months.

The court's decision highlights the importance of considering the individual circumstances of each offender when imposing a sentence. The court recognised that the defendant's intellectual impairment reduced his moral culpability, but also emphasised the need for general deterrence and the seriousness of the crimes committed. The final orders of the court reflect this balance, with a sentence that is both proportionate to the crimes committed and takes into account the defendant's intellectual impairment.

Orders

Orders of the court

Aggregate sentence of 2 years 10 months, with non parole period of 1 year 3 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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