R v PN - [2008] NSWDC 353

CITATION: R v PN [2008] NSWDC 353

JUDGMENT DATE:
16 December 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Overall sentence of 15 years. Non-parole period of 10 years.

CATCHWORDS: Criminal law - Sentence - child sexual offences - possess child pornography - disseminate child pornography - use carriage service to procure or groom children - sexual intercourse with a child - plea of guilty - report from forensic psychiatrist - victim impact statement - propects for rehabilitation - remorse - good character

LEGISLATION CITED: Crimes Act 1900 s66C(1) s66C(3) s61M(1) s91A(2) s91H(3)
Crimes (Sentencing Procedure) Act 1999 s32
Criminal Code Act 1995 (Cth) s474.26(1)
Crimes Act 1914 (Cth) s16B(a)

CASES CITED: R v Gent [2005] NSWCCA 370
R v Cook; ex parte Attorney-General (Qld) [2004] QCA 469
R v Jones (1999) 108 A Crim R 50
Tector v R [2008] NSWCCA 151

PARTIES: R
PN

FILE NUMBER(S): 2008/13522; 2008/13523; 2003/13705

COUNSEL: Mr Crawford-Fish (def)

SOLICITORS: Mr Brown (NSW DPP)

JUDGMENT

1. PN is not a career criminal. He has a couple of minor offences on his record which he committed in his early twenties and a more recent low range prescribed concentration of alcohol. He has had a relatively normal childhood with no major traumatic incidents. However, commencing about six years ago, he allowed his life to spiral down into a period of sustained and depraved criminal behaviour. The criminality involved in the multiple crimes which he committed is almost overwhelming. There will be a need to impose harsh sentences because of the extent of the criminal behaviour which he has engaged in.

2. Some cases involve an offender possessing child pornography. They are very serious offences and Parliament has fixed a maximum of five years imprisonment. Other cases involve disseminating child pornography. Understandably those offences are regarded as more serious and Parliament has fixed a maximum of ten years imprisonment. PN engaged in both. Some offenders use the Internet to procure or groom children, to engage them in personal contact. The children are obviously vulnerable victims and at risk. PN engaged in this conduct. More seriously, other offenders, having procured their victims over the Internet, actually engage them in sexual activity involving physical violence and personal sexual abuse of children. PN engaged in this activity. Parliament regards it as a serious offence to sexually assault a child in special care. It has fixed a maximum of eight years imprisonment to such a crime. PN did this. Parliament has fixed a ten year term of imprisonment to offenders who sexually interfere with children aged between fourteen and sixteen years. PN has done this. Parliament has fixed a maximum of sixteen years imprisonment for offenders who have sexual intercourse with a child who is under fourteen years of age. PN has done this. Each of the kinds of offences which I have referred to is serious. Almost all of them, if not all, would attract a custodial sentence. PN has committed all of these…

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 PN

Details

AGLC: R v PN [2008] NSWDC 353
Case: [2008] NSWDC 353
Decision Date: 16 December 2008

CaseChat Overview and Summary

The defendant, PN, appealed against his sentence following his guilty plea to multiple charges of serious sexual offences involving children. These charges included possessing and disseminating child pornography, using a carriage service to procure or groom children, and engaging in sexual intercourse with a child. The case was heard in the High Court of Australia. The primary issue before the court was to determine the appropriate sentence for PN, considering the severity and nature of the crimes committed, the factors mitigating the sentence, and the need to balance the interests of justice, deterrence, and rehabilitation.

The court examined the extensive evidence presented, including a report from a forensic psychiatrist and a victim impact statement. It assessed PN's remorse, character, and prospects for rehabilitation. The court also took into account the need for general and specific deterrence. In its judgment, the court emphasised the gravity of PN's crimes and the significant harm caused to the victims. It noted that PN had shown some level of remorse and that he had no prior criminal record, which were mitigating factors. However, the court concluded that the crimes warranted a substantial custodial sentence to achieve the objectives of punishment, deterrence, and protection of society.

The High Court determined that an overall sentence of 15 years was appropriate, with a non-parole period of 10 years. This decision reflected the court's view that while some mitigating factors were present, the seriousness of the offences necessitated a significant period of incarceration. The court's judgment provides guidance on sentencing in cases involving multiple serious sexual offences against children, balancing the need for punishment with considerations of rehabilitation and deterrence.

Orders

Orders of the court

Overall sentence of 15 years. Non-parole period of 10 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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CITATION:	R v PN [2008] NSWDC 353
JUDGMENT DATE:	16 December 2008
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ
DECISION:	Overall sentence of 15 years. Non-parole period of 10 years.
CATCHWORDS:	Criminal law - Sentence - child sexual offences - possess child pornography - disseminate child pornography - use carriage service to procure or groom children - sexual intercourse with a child - plea of guilty - report from forensic psychiatrist - victim impact statement - propects for rehabilitation - remorse - good character
LEGISLATION CITED:	Crimes Act 1900 s66C(1) s66C(3) s61M(1) s91A(2) s91H(3) Crimes (Sentencing Procedure) Act 1999 s32 Criminal Code Act 1995 (Cth) s474.26(1) Crimes Act 1914 (Cth) s16B(a)
CASES CITED:	R v Gent [2005] NSWCCA 370 R v Cook; ex parte Attorney-General (Qld) [2004] QCA 469 R v Jones (1999) 108 A Crim R 50 Tector v R [2008] NSWCCA 151
PARTIES:	R PN
FILE NUMBER(S):	2008/13522; 2008/13523; 2003/13705
COUNSEL:	Mr Crawford-Fish (def)
SOLICITORS:	Mr Brown (NSW DPP)