R v RDW - [2019] NSWDC 488

District Court

New South Wales

Medium Neutral Citation: R v RDW [2019] NSWDC 488
Hearing dates: 6 August 2019
Date of orders: 06 August 2019
Decision date: 06 August 2019
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
Sentenced to an aggregate term of imprisonment for a period of 7 years with a non-parole period of 4 years. Compounded with a pre-existing sentence is an effective overall sentence of 12 years with an effective non-parole period of 9 years.

Catchwords: CRIMINAL LAW - Sentence – Form 1 – Sexual assault – Indecent act with a person under the age of 16 years – Sexual assault with a person under the age of 16 years – Indecent act with a person under the age of 16 years – Breach of trust - Totality
Legislation Cited: Crimes Act
Crimes (Sentencing Procedure) Act.
Cases Cited: R v BJW [2000] NSWCCA 60
Category: Sentence
Parties: The Crown
RDW
Representation:
Counsel:
Mr A Norrie – The offender
Solicitors:
Director of Public Prosecutions – The Crown

File Number(s): 2017/367288
Publication restriction: There is to be no publication of the name of the complainant or any material which may tend to identify the complainant.

JUDGMENT

HIS HONOUR: RDW is before the Court for sentence in relation to five offences, counts 1 to 5 on the indictment and two other matters which are to be taken into account on a Form 1 which attaches to count 2. Counts 1 to 5 are offences in breach of a section of the Crimes Act, now repealed, being s 61E(2), being a sexual assault (Cat 4) indecent act with a person under the age of 16 years and the relevant maximum penalty for that matter is two years imprisonment and no standard non-parole period has application.
Counts 2, 3 and 4 are each offences in breach of a section of the Crimes Act, now repealed, being s 61D(1) of the Crimes Act. Each being a sexual assault (Cat 3) without consent have sexual intercourse with a person under the age of 16 years. In relation to those offences, each of those offences have a maximum penalty of five years imprisonment and no standard non-parole period has application.
In relation to count 2, I am invited by the parties and will take into account two other offences that are on a Form 1 that I have signed and which has been signed by the parties. Those are two offences in breach of s 61E(1) of the Crimes Act, which on indictment each carry a maximum penalty of six years and those are sexual assaults category 4 an indecent assault with a indecent act with a person under the age of 16 years.
These reasons should be understood to be extempore reasons delivered on the day that I considered the evidence and both read and heard the submissions of the parties and in the context of a list that included proceedings of a defended nature being determined judge alone. It…

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 RDW

Details

AGLC: R v RDW [2019] NSWDC 488
Case: [2019] NSWDC 488
Decision Date: 06 August 2019

CaseChat Overview and Summary

In the case of R v RDW, the defendant was charged with multiple counts of sexual assault and indecent acts against a minor under the age of 16 years. The matter was heard in the Supreme Court of the relevant jurisdiction, where the defendant faced sentencing following a guilty plea. The court was tasked with determining an appropriate sentence that balanced the severity of the offences, the defendant's culpability, and the need for deterrence and rehabilitation.

The legal issues before the court included the assessment of the aggravating and mitigating factors pertinent to the crimes. The court had to consider the breach of trust inherent in the relationship between the defendant and the victim, the impact on the victim, and the likelihood of reoffending. Additionally, the court needed to impose a sentence that complied with the statutory framework for sentencing sexual offences involving minors.

In delivering its judgment, the court emphasised the gravity of the crimes and the substantial breach of trust involved. It highlighted the significant impact on the victim and the necessity of imposing a sentence that would adequately reflect the seriousness of the offences. The court considered the totality principle, which requires that the cumulative sentence for multiple offences not be disproportionate. After weighing the aggravating and mitigating factors, the court sentenced the defendant to an aggregate term of imprisonment for a period of 7 years, with a non-parole period of 4 years. This sentence was compounded with a pre-existing sentence, resulting in an effective overall sentence of 12 years with an effective non-parole period of 9 years.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment for a period of 7 years with a non-parole period of 4 years. Compounded with a pre-existing sentence is an effective overall sentence of 12 years with an effective non-parole period of 9 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 RDW [2019] NSWDC 488
Hearing dates:	6 August 2019
Date of orders:	06 August 2019
Decision date:	06 August 2019
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	Sentenced to an aggregate term of imprisonment for a period of 7 years with a non-parole period of 4 years. Compounded with a pre-existing sentence is an effective overall sentence of 12 years with an effective non-parole period of 9 years.
Catchwords:	CRIMINAL LAW - Sentence – Form 1 – Sexual assault – Indecent act with a person under the age of 16 years – Sexual assault with a person under the age of 16 years – Indecent act with a person under the age of 16 years – Breach of trust - Totality
Legislation Cited:	Crimes Act Crimes (Sentencing Procedure) Act.
Cases Cited:	R v BJW [2000] NSWCCA 60
Category:	Sentence
Parties:	The Crown RDW
Representation:	Counsel: Mr A Norrie – The offender Solicitors: Director of Public Prosecutions – The Crown
File Number(s):	2017/367288
Publication restriction:	There is to be no publication of the name of the complainant or any material which may tend to identify the complainant.