District Court
New South Wales
Medium Neutral Citation: R v Peterson (a pseudonym) [2020] NSWDC 122 Hearing dates: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of six years imprisonment. Non-parole period of four years.
Catchwords: SENTENCING- Sexual intercourse with a person under care - Intentionally sexually touch a child- Aggravated indecent assault
SENTENCING- relevant factors on sentence - two child victims - offender child victims stepfather - early acceptance of responsibility - Form 1 matters - seriousness of sexual assaults against children- deterrent and retributive sentences required- victim impact – remorseLegislation Cited: Crimes Act 1900,
Crimes (High Risk Offenders) Act 2006
Crimes (Sentencing Procedure) Act 1999
Criminal Legislation Amendment (Child Sexual Abuse) Act 2018Cases Cited: BT v R [2010] NSWCCA 267
LB v R [2019] NSWCCA 151, at [39]
R v Herring (1956) 73 WN (NSW) 203
R v NJK [2011] NSWCCA 151
R v Windle [2012] NSWCCA 222
Ryan v The Queen (2001) 206 CLR 267
Thompson v R (2000) 49 NSWLR 383Category: Sentence Parties: George Peterson (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr S Fraser, Public Defender (for the offender)
Legal Aid NSW (for the offender)
Ms N Olender (for Director of Public Prosecutions)
File Number(s): 2019/00186375 Publication restriction: The Offender’s name is subject to a suppression order. The name of the complainants are not to be published, nor is any other material that could lead to the identification of that complainants or any information that may reveal the relationship between the defendant and the child complainant; this includes the name of the mother of the complainants and her relationship with the accused: s.578A Crimes Act 1900 and s.15A Children (Criminal Proceedings) Act 1987
SEntence – ex tempore revised
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There is to be no publication of either complainant’s name or anything that may lead to the identification of a child complainant: s 578A Crimes Act 1900 and s 15A Children (Criminal Proceedings) Act 1987. This includes the name of the offender, the children’s mother and the offender, given his relationship to the mother and the children. Identifying information has been removed from this judgment to comply with the statute. Pseudonyms have been used for the names of the offender and the child victims.
Introduction
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On the evening of Saturday 15 June 2019, Mrs Peterson went into her son Chris’s bedroom. She saw her husband, George Peterson, kneeling beside her son’s bed. She saw that her son’s penis was exposed. She said, "What the fuck are you doing?" The offender responded, "Nothing" and walked out. Soon after Chris told his mother, "He touched me. He sucked my penis". The distress that that those revelations caused Mrs Peterson, her children and the whole family unit, needs no further elucidation.
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The police were called and on 16 June 2019 the offender was arrested. He has been in custody since that date. Initially, he told police a story denying any crime. Further complaints were…
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- AGLC
- R v Peterson (a pseudonym) [2020] NSWDC 122
- Case
- [2020] NSWDC 122
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was the determination of an appropriate sentence for the appellant's crimes. The court needed to consider the gravity of the offences, the appellant's acceptance of responsibility, and the impact of the crimes on the victims. The court also had to consider the appellant's background, his remorse, and the need for both deterrence and retribution.
The court found that the appellant's crimes were of a serious nature, given the vulnerability of the victims and the fact that the appellant was in a position of trust. The court noted that the appellant had accepted responsibility early on and expressed remorse for his actions. However, the court found that the crimes warranted a sentence that would serve both as a deterrent to the appellant and others in similar situations, and as retribution for the harm caused to the victims. The court imposed an aggregate sentence of six years imprisonment, with a non-parole period of four years.
Orders
Orders of the court
Aggregate sentence of six years imprisonment. Non-parole period of four years.
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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