R v Paul Raymond Evans - [2008] NSWDC 280

CITATION: R v Paul Raymond Evans [2008] NSWDC 280

HEARING DATE(S): 19 September 2008

JUDGMENT DATE:
3 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Hulme SC DCJ

DECISION: Total sentence of imprisonment of 15 years with a non-parole component of 9 1/2 years

CATCHWORDS: CRIMINAL LAW - Sentence - Homosexual intercourse - Homosexual intercourse by a teacher - Indecent assault victim under 16 and under authority - Indecent assault male - Commit act of gross indecency with male under 18 years - Commit act of indecency towards male under 16 years - Priest - students of Boys' Town, Engadine - multiple offences over extended period against 7 victims - uncharged acts - relative seriousness of different sexual acts - breach of trust - delay in prosecution - change in legislative regime - past sentencing practice - psychological and emotional trauma to victims - good character - protective custody - deterrence

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Sentencing Act 1989
Parole of Prisoners Act 1966
Probation and Parole Act 1983
Probation and Parole (Serious offences) Act 1987

CASES CITED: Ibbs v The Queen (1987) 163 CLR 447
R v MJR (2002) 54 NSWLR 368
Bradbury v Regina [2008] NSWCCA 93
AJB v Regina [2007] NSWCCA 51
Power v The Queen (1973) 131 CLR 623
R v Moon (2000) 117 A Crim R 497
R v Way (2004) 60 NSWLR 168
Pearce v The Queen (1998) 194 CLR 610
Johnson v The Queen (2004) 205 ALR 346

TEXTS CITED: Ross W Carter, "Australian Sentencing Digest", 1985, The Law Book Company Limited

PARTIES: R v Paul Raymond Evans

FILE NUMBER(S): 07/11/0779

COUNSEL: P. Adey (Crown)
P. McGrath (Accused)

SENTENCE

1 HIS HONOUR: On the 17 June 2008, the offender, Paul Raymond Evans, was arraigned upon an indictment containing four counts of indecently assaulting a person who was under sixteen and under his authority, one count of committing a gross act of indecency with a male under the age of eighteen, one count of committing an act of indecency towards a person under sixteen, seven counts of homosexual intercourse by a teacher with a male pupil under the age of eighteen, and three counts of homosexual intercourse with a male under the age of eighteen. He pleaded not guilty to each of those charges whereupon he was tried before a jury. On 25 July 2008 the jury returned verdicts of guilty on eighteen counts and not guilty on two counts. The acquittals were for one of the offences of homosexual intercourse by a teacher and for one of the offences of indecently assaulting a person under sixteen under his authority. The matter was then stood over to 19 September when I heard and received evidence and submissions on sentence, before standing the matter over until today.

2 It is appropriate to commence a recitation of the facts of the case with some background and first I quote a portion of the Crown’s written submissions which is uncontroversial.

”All of the victims…

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 [2008] NSWDC 280
Case: [2008] NSWDC 280
Decision Date: 3 October 2008

CaseChat Overview and Summary

In the case of R v Paul Raymond Evans, the defendant was charged with multiple offences of indecent assault and gross indecency committed against seven victims who were students at Boys' Town, Engadine, a school where Evans worked as a teacher and priest. The court was tasked with determining an appropriate sentence for these serious criminal acts. The legal issues centred on the nature and extent of the crimes, the breach of trust inherent in the defendant's position, the impact on the victims, and the relevance of past sentencing practices and legislative changes. Additionally, the court had to weigh the defendant's good character and the delay in prosecution against the need for deterrence and punishment.

The court recognised the gravity of the offences, emphasising the breach of trust and the psychological and emotional trauma inflicted on the victims. It noted the extended period over which the offences occurred and the relative seriousness of the different sexual acts. The court also considered the change in the legislative regime and past sentencing practices, but ultimately decided that these factors should not significantly influence the sentence. The delay in prosecution and the defendant's good character were considered but did not outweigh the need for a strong deterrent sentence. The court determined that a total sentence of imprisonment of 15 years, with a non-parole component of 9 1/2 years, was appropriate to reflect the seriousness of the offences and to protect the community.

The court's reasoning was grounded in the need to address the breach of trust, the significant impact on the victims, and the necessity of deterrence. The final orders mandated that Evans serve a total sentence of 15 years, with a non-parole period of 9 1/2 years, ensuring that the sentence reflects the severity of the crimes and provides adequate protection for society.

Orders

Orders of the court

Total sentence of imprisonment of 15 years with a non-parole component of 9 1/2 years

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Paul Raymond Evans [2008] NSWDC 280
HEARING DATE(S):	19 September 2008
JUDGMENT DATE:	3 October 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Hulme SC DCJ
DECISION:	Total sentence of imprisonment of 15 years with a non-parole component of 9 1/2 years
CATCHWORDS:	CRIMINAL LAW - Sentence - Homosexual intercourse - Homosexual intercourse by a teacher - Indecent assault victim under 16 and under authority - Indecent assault male - Commit act of gross indecency with male under 18 years - Commit act of indecency towards male under 16 years - Priest - students of Boys' Town, Engadine - multiple offences over extended period against 7 victims - uncharged acts - relative seriousness of different sexual acts - breach of trust - delay in prosecution - change in legislative regime - past sentencing practice - psychological and emotional trauma to victims - good character - protective custody - deterrence
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Sentencing Act 1989 Parole of Prisoners Act 1966 Probation and Parole Act 1983 Probation and Parole (Serious offences) Act 1987
CASES CITED:	Ibbs v The Queen (1987) 163 CLR 447 R v MJR (2002) 54 NSWLR 368 Bradbury v Regina [2008] NSWCCA 93 AJB v Regina [2007] NSWCCA 51 Power v The Queen (1973) 131 CLR 623 R v Moon (2000) 117 A Crim R 497 R v Way (2004) 60 NSWLR 168 Pearce v The Queen (1998) 194 CLR 610 Johnson v The Queen (2004) 205 ALR 346
TEXTS CITED:	Ross W Carter, "Australian Sentencing Digest", 1985, The Law Book Company Limited
PARTIES:	R v Paul Raymond Evans
FILE NUMBER(S):	07/11/0779
COUNSEL:	P. Adey (Crown) P. McGrath (Accused)