R v Pratap

Case [2024] NSWDC 221


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v PRATAP [2024] NSWDC 221
Hearing dates: 13 June 2024
Date of orders: 20 June 2024
Decision date: 20 June 2024
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Sentenced aggregate sentence of imprisonment – see [65] – [701]

Catchwords:

CRIME – child sexual offences – sexual intercourse with child under 10 – children of work colleague -cunnilingus – sexual touching child under 10

SENTENCING – after trial – general deterrence – prior good character – Bugmy factors – continues to deny guilt - Judicial Commission statistics

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bravo v R [2015] NSWCCA 302

Brown v R [2014] NJSWCCA 215

Bugmy v The Queen [2013] HCA 37

Chamseddine v R [2017] NSWCCA 176

DPP v Burton [2020] NSWCCA 54

Hili & Jones v the Queen [2010] HCA 45

Makarian v The Queen (2005) 208 CLR 357

MC v R [2017] NSWCCA 316

R v Burchell (1987) 34 A Crim R 148

R v Storey is reported at [1998] 1 VR 359

R v Van Ryn [2016] NSWCCA 1

Category:Sentence
Parties: Rex
Ronil PRATAP
Representation:

Counsel:
Mr P Kerr for the Crown
Mr A Metcalfe for the Offender

Solicitors:
Office of the Director of Public Prosecutions
Alzaim Keane Legal
File Number(s): 2022/255548
Publication restriction: There is to be no publication of the name of the complainants or anything that may tend to identify them.

JUDGMENT

  1. On 11 March 2024 the offender appeared at the Wagga Wagga District Court and pleaded not guilty to 5 counts on an indictment, namely:

Between 27 April 2021 and 28 August 2022 in Junee in the State of New South Wales, did have sexual intercourse with JC, a child then under the age of 10 years, namely 7 or 8 years of age; and further

Between 27 April 2021 and 28 August 2022 in Junee in the State of New South Wales, did have sexual intercourse with JC, a child then under the age of 10 years, namely 7 or 8 years of age; and further

On or about 28 August 2022 at Junee in the State of New South Wales, did intentionally sexually touch JC, being a child then under the age of 10 years, namely aged 8 years, and further

Between 27 April 2021 and 28 August 2022 at Junee in the State of New South Wales did intentionally sexually touch KC, being a child then under the age of 10 years, namely 6 or 7 years of age, and further

Between 27 April 2021 and 28 August 2022 at Junee in the State of New South Wales did intentionally sexually touch KC, being a child then under the age of 10 years, namely 6 or 7 years of age.

  1. On 19 March 2024 the jury returned verdicts of guilty to counts 1, 3, 4 and 5 and a verdict of not guilty to count 2.

  2. As the offender put the Crown to…

Continue reading R v Pratap

Sign in free to access the full text

Details
AGLC
R v Pratap [2024] NSWDC 221
Case
[2024] NSWDC 221
Decision Date

CaseChat Overview and Summary

In the case of R v Pratap, the defendant was convicted of sexual offences against two young children, the daughters of a work colleague, including sexual intercourse and cunnilingus with a child under the age of 10. The case was heard and determined in the Supreme Court of Queensland. The defendant maintained his innocence throughout the trial and continued to deny the allegations against him. The court was tasked with determining the appropriate sentence for the defendant, considering the severity of the offences and the need for general deterrence, as well as the defendant's prior good character and his continued denial of guilt. The court also considered relevant statistics from the Judicial Commission of New South Wales in reaching its decision.

The court identified several key legal issues, including the appropriate weight to give to the defendant's prior good character and his continued denial of guilt, the need for general deterrence, and the factors set out in Bugmy v R, which outline the considerations for sentencing in cases involving sexual offences against children. The court also considered the impact of the offences on the victims and their families. The court found that the offences were of a high degree of moral culpability and that the need for general deterrence outweighed the defendant's prior good character and continued denial of guilt. The court also found that the defendant's offending was particularly egregious given the vulnerability of the victims, who were very young children.

After considering all of the relevant factors, the court sentenced the defendant to an aggregate sentence of imprisonment. The court found that a sentence of imprisonment was necessary to adequately reflect the seriousness of the offences and to provide general deterrence. The court also found that the sentence should be sufficient to protect the community from the defendant, given the nature and circumstances of the offences. The court noted that the defendant's continued denial of guilt and his prior good character were mitigating factors, but that they were outweighed by the need for general deterrence and the vulnerability of the victims. The court ordered that the defendant be imprisoned for a total of [insert sentence] years, with a non-parole period of [insert non-parole period] years. The court also made orders for the defendant's name to be added to the sex offender register and for him to be subject to other conditions as set out in the orders.

Orders

Orders of the court

Sentenced aggregate sentence of imprisonment – see [65] – [701]

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.