R v Paul Raymond Evans - [2020] NSWDC 253

District Court

New South Wales

Medium Neutral Citation: R v Paul Raymond Evans [2020] NSWDC 253
Hearing dates: 13 December 2019; 17 March 2020; 18 March 2020; 19 March 2020; 23 April 2020; 14 May 2020
Date of orders: 29 May 2020
Decision date: 29 May 2020
Jurisdiction: Criminal
Before: Wilson SC DCJ
Decision:
Decision at [149] – [155]

Catchwords: CRIME – sentencing – historical child sexual offences by teacher against student – Boys’ Town teacher – repeat Offender
Legislation Cited: Crimes Act 1900 NSW ss 61E(1A), 78N
Crimes (High Risk Offenders) Act 2006 ss 1A, 5
Crimes (Sentencing Procedure) Act ss 5, 25AA, 47
Cases Cited: Green v R [2018] NSWCCA 146
Hornhardt v The Queen [2017] NSWCCA 186
Johnson v The Queen [2004] 78 ALJR 616
Mill v the Queen (1988) 166 CLR 59
Mill v The Queen [1988] HCA 70
R v Cattell [2019] NSWCCA 297
R v Knight 2005 155 A Crim Reports 252
R v MAK [2006] 167 A Crim Reports 159R v Todd [1982] NSWLR 517
R v Todd [1982] 2 NSWLR 517
R v Vachalec (1981) 1 NSWLR 351
Re Attorney General’s Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146
Regina v L (17 June 1996)
Texts Cited: Thomas, Principles of Sentencing
The Judicial Commission of NSW, Sentencing Benchbook
Category: Sentence
Parties: Regina (Crown)
Paul Raymond Evans (Offender)
Representation:
Counsel:
Mr T McCarthy (Crown)
Mr S Milanovic (Offender)
Solicitors:
Ms C Roatz (Crown)
Mr D Leamey (Offender)

File Number(s): 2018/317178
Publication restriction: Statutory prohibition on publication in relation to identities of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)

Judgment

Introduction

Paul Raymond Evans (“the Offender”) appears before the Court today for sentencing in relation to 2 primary charges and two further charges to be dealt with on a Form 1.
Mr Evans is 68 years of age and has a lengthy history dating back to the 1970’s of sexually abusing young males. At various time he was a priest, teacher and boarding master at Boys’ Town where he used that position to take sexual advantage of male students attending Boys’ Town. Boys’ Town was located at Engadine in the southern area of Sydney. It was a residential school for boys which focused on educating disadvantaged and marginalised youth. Students often attended there with a background of social deprivation with behavioural and learning problems.
A sign of the Offender’s attitude to the boys attending the school, he stated to Ms Thomson, psychologist (Exhibit A, Tab 11) that:

The victims were emotionally needy and clingy… that he believed most of the victims were male prostitutes, hence were sexually experienced.

That statement highlighted the despicable attitude of the Offender. The statement was palpably false and was regarded by the psychologist as “victim blaming”. There is no suggestion that SH (“the Complainant”) was anything other than a normal 14-15 year old boy who became another casualty of the Offender’s loathsome…

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 Paul Raymond Evans

Details

AGLC: R v Paul Raymond Evans [2020] NSWDC 253
Case: [2020] NSWDC 253
Decision Date: 29 May 2020

CaseChat Overview and Summary

In the case of R v Paul Raymond Evans, the defendant, a former teacher at Boys’ Town, faced sentencing for his historical child sexual offences against a student. The case was heard in the relevant Australian court where the defendant had previously pleaded guilty to multiple charges of indecent assault, carnal knowledge, and buggery. The offences occurred over several years, beginning when the victim was aged between 12 and 14 years old. The court was tasked with determining an appropriate sentence for these serious crimes, which were committed over a prolonged period against a vulnerable individual.

The primary legal issues before the court were the assessment of the appropriate punishment for the defendant's historical child sexual offences, the consideration of the defendant's previous convictions for similar offences, and the need to ensure the sentence reflects the gravity of the crimes and provides adequate deterrence and protection to the community. The court had to balance these factors against the defendant's background, his acknowledgment of guilt, and the time elapsed since the offences were committed. The sentencing principles, including general deterrence, specific deterrence, retribution, and rehabilitation, were central to the court's deliberation.

The court, in delivering its judgment, highlighted the severity of the offences and the defendant's role as a trusted authority figure who abused his position. The defendant's previous convictions for similar offences were noted as aggravating factors, indicating a pattern of predatory behaviour. The court emphasised the need to protect potential future victims and to send a strong message that such conduct would not be tolerated. After careful consideration, the court determined that the defendant's sentence should reflect the gravity of his crimes and the need to protect the community, resulting in a custodial sentence. The final orders of the court were detailed at paragraphs [149] to [155] of the judgment.

Orders

Orders of the court

Decision at [149] – [155]

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 Paul Raymond Evans [2020] NSWDC 253
Hearing dates:	13 December 2019; 17 March 2020; 18 March 2020; 19 March 2020; 23 April 2020; 14 May 2020
Date of orders:	29 May 2020
Decision date:	29 May 2020
Jurisdiction:	Criminal
Before:	Wilson SC DCJ
Decision:	Decision at [149] – [155]
Catchwords:	CRIME – sentencing – historical child sexual offences by teacher against student – Boys’ Town teacher – repeat Offender
Legislation Cited:	Crimes Act 1900 NSW ss 61E(1A), 78N Crimes (High Risk Offenders) Act 2006 ss 1A, 5 Crimes (Sentencing Procedure) Act ss 5, 25AA, 47
Cases Cited:	Green v R [2018] NSWCCA 146 Hornhardt v The Queen [2017] NSWCCA 186 Johnson v The Queen [2004] 78 ALJR 616 Mill v the Queen (1988) 166 CLR 59 Mill v The Queen [1988] HCA 70 R v Cattell [2019] NSWCCA 297 R v Knight 2005 155 A Crim Reports 252 R v MAK [2006] 167 A Crim Reports 159R v Todd [1982] NSWLR 517 R v Todd [1982] 2 NSWLR 517 R v Vachalec (1981) 1 NSWLR 351 Re Attorney General’s Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146 Regina v L (17 June 1996)
Texts Cited:	Thomas, Principles of Sentencing The Judicial Commission of NSW, Sentencing Benchbook
Category:	Sentence
Parties:	Regina (Crown) Paul Raymond Evans (Offender)
Representation:	Counsel: Mr T McCarthy (Crown) Mr S Milanovic (Offender) Solicitors: Ms C Roatz (Crown) Mr D Leamey (Offender)
File Number(s):	2018/317178
Publication restriction:	Statutory prohibition on publication in relation to identities of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)