R v Reed (a pseudonym) - [2022] NSWDC 714

District Court

New South Wales

Medium Neutral Citation: R v Reed (a pseudonym) [2022] NSWDC 714
Hearing dates: 18 November 2022
Date of orders: 18 November 2022
Decision date: 18 November 2022
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 6 years 6 months with a non-parole period of 4 years.

Catchwords:
CRIME – Intentionally sexually touch child aged between 10 & 16 years (DV) - Aggravated - sexual intercourse child aged between 10 & 14 years (DV)
SENTENCING - Relevant factors on sentence -sentence after trial – stepfather - victim impact - structure of sentence-health concern - harshness of imprisonment

Legislation Cited:
Crimes Act 1900
Crimes (High Risk Offenders) Act 2006

Cases Cited:
Clarkson v R [2011] VSCA 152
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
MRW v R [2011] NSWCCA 260
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Gavel [2014] NSWCCA 56
R v Herring (1956) 73 WN (NSW) 203
R v Van Ryn [2016] NSWCCA 1
SB v R {2022] NSWCC164
Tepania v R [2018] NSWCCA 247

Texts Cited:
The social dynamics and impacts of institutional child sexual abuse; D T Kenny, Judicial Officer’s Bulletin, September 2017, Volume 29 No 8.

Category: Sentence
Parties: George Reed (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr J Hibbard (for the offender)
Solicitors:
Maguire McInerney Lawyers (for the offender)
Mr J Loosley (for Director of Public Prosecutions)

File Number(s): 2020/00187380
Publication restriction: Pseudonyms have been used for the names of the offender and the child victim.
Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute.

SENTENCE – EX TEMPORE REVISED

Introduction

On 3 June 2022, after a short trial, before Judge Hatzistergos, a jury found George Reed guilty of two serious offences.

Intentionally touch a child between 10 and 16: s 66DBA Crimes Act 1900, and

Aggravated sexual intercourse with a child aged between 10 and 14 years: s 66C2 Crimes Act 1900.

As the trial judge has left the bench to take up another position, the matter was listed for sentence before me today. Both parties agreed that rather than my attempting to form my own view of the facts based on all the evidence at trial, agreed facts would be put before this court. Reed is to be sentenced based on those facts.
Reed spent two months in custody after his arrest in June 2020. He was then granted strict bail. He kept to that bail. He was returned to custody following the verdicts on 3 June 2022. It is accepted that a custodial sentence must be imposed, and it is agreed that the sentence should date from 30 March 2022.

Facts

Reed was born in…

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 Reed (a pseudonym)

Details

AGLC: R v Reed (a pseudonym) [2022] NSWDC 714
Case: [2022] NSWDC 714
Decision Date: 18 November 2022

CaseChat Overview and Summary

The case of R v Reed was heard in the relevant Australian court, where the defendant, referred to as Reed, faced charges related to sexually touching a child aged between 10 and 16 years, and engaging in sexual intercourse with a child aged between 10 and 14 years. These offences were aggravated and occurred in a domestic violence context. The central issue before the court was to determine an appropriate sentence considering the nature of the offences, the impact on the victim, the defendant's health concerns, and the overall harshness of imprisonment.

The court was required to weigh various legal principles and factors, including the gravity of the offences, the vulnerability of the victim, the impact on the victim and their family, and the defendant's personal circumstances. Given that Reed had no prior convictions, the court assessed his culpability and the need for deterrence and denunciation. The court also considered the impact of imprisonment on Reed's health, which was a mitigating factor. The sentencing structure, including the non-parole period, was another critical aspect, ensuring that the sentence was proportionate and served the objectives of justice.

In delivering its judgment, the court found the offences to be of significant gravity, noting the vulnerability of the child victim and the domestic violence context. The court acknowledged Reed's health concerns but balanced these against the need for appropriate punishment and the protection of society. The sentence imposed was an aggregate of 6 years and 6 months, with a non-parole period of 4 years, deemed sufficient to reflect the seriousness of the crimes while considering all relevant factors. The final orders of the court reflect a sentence that aims to achieve justice for the victim, protect the community, and address the defendant's personal circumstances.

Orders

Orders of the court

Aggregate sentence of 6 years 6 months with a non-parole period of 4 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 Reed (a pseudonym) [2022] NSWDC 714
Hearing dates:	18 November 2022
Date of orders:	18 November 2022
Decision date:	18 November 2022
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 6 years 6 months with a non-parole period of 4 years.
Catchwords:	CRIME – Intentionally sexually touch child aged between 10 & 16 years (DV) - Aggravated - sexual intercourse child aged between 10 & 14 years (DV) SENTENCING - Relevant factors on sentence -sentence after trial – stepfather - victim impact - structure of sentence-health concern - harshness of imprisonment
Legislation Cited:	Crimes Act 1900 Crimes (High Risk Offenders) Act 2006
Cases Cited:	Clarkson v R [2011] VSCA 152 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MRW v R [2011] NSWCCA 260 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Gavel [2014] NSWCCA 56 R v Herring (1956) 73 WN (NSW) 203 R v Van Ryn [2016] NSWCCA 1 SB v R {2022] NSWCC164 Tepania v R [2018] NSWCCA 247
Texts Cited:	The social dynamics and impacts of institutional child sexual abuse; D T Kenny, Judicial Officer’s Bulletin, September 2017, Volume 29 No 8.
Category:	Sentence
Parties:	George Reed (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr J Hibbard (for the offender) Solicitors: Maguire McInerney Lawyers (for the offender) Mr J Loosley (for Director of Public Prosecutions)
File Number(s):	2020/00187380
Publication restriction:	Pseudonyms have been used for the names of the offender and the child victim. Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute.