R v Ramon - [2020] NSWDC 858

District Court

New South Wales

Medium Neutral Citation: R v Ramon [2020] NSWDC 858
Hearing dates: 17/9/20-1/10/20, 26/11/20, 15/12/20
Date of orders: 15/12/20
Decision date: 15 December 2020
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 9 years with a NPP of 6 years (23/5/20-22/5/26). I find special circumstances.
The indicative sentences are:
Count 5 – 5 years 6 months with NPP 3 years 8 months.
Count 7 – 3 years 3 months with NPP 2 years 1 month.
Count 8 – 2 years 1 month.
Count 9 – 3 years 6 months with NPP 2 years 4 months.
Count 10 – 2 years.
Count 11 – 2 years with NPP 16 months.
Count 14 – 1 year 2 months.
Count 15 – 3 years 9 months with NPP 2 years 5 months.
Count 16 – 2 years.
Count 17 – 6 years with NPP 4 years.
Count 19 – 3 years with NPP 2 years.

Catchwords:
Crime – Sentence – Aggravated sexual intercourse 10 to 14 years – Indecent assault under 16 years - Aggravated incite or commit act of indecency with or towards a child under 16 years

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
NT v R [2007] NSWCCA 143
R v MJR (2002) 54 NSWLR 368
R v PGM [2008] 187 A Crim R 152

Category: Sentence
Parties: NSW DPP – Crown
Shane Ramon - Offender
Representation: Ms C Hurford for Crown
Mr L Brasch for Offender

File Number(s): 2018/44640
Publication restriction: Non-publication order in relation to the identity of the complainants and the mother of the complainants.

SENTENCE

I note in this matter of Mr Ramon that there is a statutory provision which prohibits any person from publishing the names or any details which might identify either of the complainants in the matter, whose names I will be referring to. However, as I have said, that provision prevents their names being published elsewhere.
The offender, Mr Shane Ramon, stood trial before a jury between 17 September and 30 September this year on an indictment containing 19 counts. Those counts alleged sexual offences against two children, AB and BB. On 30 September 2020 the jury returned a verdict of guilty in relation to 11 of those 19 counts, namely counts 5 and 7 concerning AB and counts 8, 9, 10, 11, 14, 15, 16 and 19 concerning BB.

THE OFFENCES

In all, the offender is to be sentenced for the following offences: Two offences of aggravated sexual intercourse, those being counts 5 and 17, with a child aged 10 to 14 years. That is an offence under section 66C(2) of the Crimes Act 1900 (NSW) for which the maximum penalty is 20 years' imprisonment and for which a standard non-parole period of nine years is specified. Five offences of indecent assault of a child under 16 years of age, that being an offence under section 61M(2), the maximum penalty for which…

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 Ramon

Details

AGLC: R v Ramon [2020] NSWDC 858
Case: [2020] NSWDC 858
Decision Date: 15 December 2020

CaseChat Overview and Summary

In the matter of the Crown versus Ramon, the defendant was convicted of multiple counts of aggravated sexual offences against a child under 16 years old. The case was heard in the Supreme Court of New South Wales. The defendant was found guilty on numerous counts including aggravated sexual intercourse and inciting a child to commit an act of indecency. The court was tasked with determining the appropriate sentence for the defendant's crimes.

The primary legal issue before the court was the determination of the appropriate aggregate sentence for the defendant's various convictions. This involved considering the severity of each offence, the defendant's criminal history, and the need for deterrence and rehabilitation. The court also had to decide whether any of the sentences should run concurrently or consecutively and the appropriate non-parole period for each sentence.

In delivering the judgment, the court considered the gravity of the offences, noting the significant impact on the victim and the community. The court found that the offences were of high severity and warranted substantial punishment. The court imposed sentences for each count and determined an aggregate term of imprisonment of 9 years, with a non-parole period of 6 years. The court found special circumstances that warranted a departure from the usual sentencing principles.

The court's final orders were that the defendant be convicted and sentenced to an aggregate term of imprisonment of 9 years with a non-parole period of 6 years. The court provided detailed sentencing remarks for each count, ensuring that the aggregate sentence reflected the totality of the defendant's criminal conduct.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 9 years with a NPP of 6 years (23/5/20-22/5/26). I find special circumstances.

The indicative sentences are:

Count 5 – 5 years 6 months with NPP 3 years 8 months.

Count 7 – 3 years 3 months with NPP 2 years 1 month.

Count 8 – 2 years 1 month.

Count 9 – 3 years 6 months with NPP 2 years 4 months.

Count 10 – 2 years.

Count 11 – 2 years with NPP 16 months.

Count 14 – 1 year 2 months.

Count 15 – 3 years 9 months with NPP 2 years 5 months.

Count 16 – 2 years.

Count 17 – 6 years with NPP 4 years.

Count 19 – 3 years with NPP 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.

Medium Neutral Citation:	R v Ramon [2020] NSWDC 858
Hearing dates:	17/9/20-1/10/20, 26/11/20, 15/12/20
Date of orders:	15/12/20
Decision date:	15 December 2020
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 9 years with a NPP of 6 years (23/5/20-22/5/26). I find special circumstances. The indicative sentences are: Count 5 – 5 years 6 months with NPP 3 years 8 months. Count 7 – 3 years 3 months with NPP 2 years 1 month. Count 8 – 2 years 1 month. Count 9 – 3 years 6 months with NPP 2 years 4 months. Count 10 – 2 years. Count 11 – 2 years with NPP 16 months. Count 14 – 1 year 2 months. Count 15 – 3 years 9 months with NPP 2 years 5 months. Count 16 – 2 years. Count 17 – 6 years with NPP 4 years. Count 19 – 3 years with NPP 2 years.
Catchwords:	Crime – Sentence – Aggravated sexual intercourse 10 to 14 years – Indecent assault under 16 years - Aggravated incite or commit act of indecency with or towards a child under 16 years
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999
Cases Cited:	NT v R [2007] NSWCCA 143 R v MJR (2002) 54 NSWLR 368 R v PGM [2008] 187 A Crim R 152
Category:	Sentence
Parties:	NSW DPP – Crown Shane Ramon - Offender
Representation:	Ms C Hurford for Crown Mr L Brasch for Offender
File Number(s):	2018/44640
Publication restriction:	Non-publication order in relation to the identity of the complainants and the mother of the complainants.