R v Renaud - [2025] NSWDC 386

District Court

New South Wales

Medium Neutral Citation: R v Renaud [2025] NSWDC 386
Hearing dates: 3/6/25-17/6/25, 15/8/25, 21/8/25
Date of orders: 21 August 2025
Decision date: 21 August 2025
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 10 years 6 months with a NPP of 6 years (17/6/25—16/6/31).
I find special circumstances.
Indicative sentences:
Count 1 – 1 year 3 months
Count 2 – 8 months
Count 7 – 9 years 6 months.

Catchwords:
Crime – Sentence – Indecent Assault – Commit act of indecency towards a person under 16 years – Maintain unlawful sexual relationship with a child

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

Cases Cited:
Baldwin-Davies v R [2024] NSWCCA 220
Clarkson v R [2011] VSCA 157
Dipangkear v R [2010] NSWCCA 156
R v CMB [2014] NSWCCA 5
R v Edwards [1996] 90 A Crim R 510
R v Gavel [2014] NSWCCA 56
R v Holyoak [1995] 82 A Crim R 502
RA v R [2024] NSWCCA 149

Category: Sentence
Parties: NSW DPP – Crown
Andre Renaud - Offender
Representation: Mr A Lynch for Crown
Mr T Edwards for Accused

File Number(s): 2023/74155
Publication restriction: Statutory non-publication order in relation to the identities of the victims.

remarks on sentence

The offender, Mr Andre Renaud, stood trial in June 2025 on an indictment with nine counts, although counts 8 and 9 were expressed as alternatives to count 7. On 16 June 2025, a directed verdict of not guilty was returned on count 3. However, on 17 June, the jury found the offender guilty of counts 1, 2 and 7, but not guilty of counts 4, 5 and 6. I note that counts 4, 5 and 6 relate to DU. I note further that counts 1 and 2, and former count 3, relate to RU, and counts 7, and alternatives 8 and 9, relate to BI, now known as BI. The offender must therefore be sentenced in relation to counts 1, 2 and 7.
The maximum penalty for count 1, which is an offence of indecent assault under s 61E(1) of the Crimes Act 1900 is four years' imprisonment.
The maximum penalty for count 2, which is an offence of committing an act of indecency towards a person under the age of 16 years, that being an offence under s 61E(2), is two years' imprisonment.
The maximum penalty for count 7, which is an offence of maintaining an unlawful sexual relationship with a child under the age of 16 years is life imprisonment.
The maximum penalties are, of course, important guideposts in the sentencing exercise, to which I have had appropriate regard.

FACTS

It is for me to determine the facts for the purposes of sentence. Matters in aggravation must be proved beyond reasonable doubt. Matters in mitigation need only be proved on the balance of probabilities. The facts that I find must, however, be consistent with the verdicts of the jury.
The Crown provided…

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 Renaud

Details

AGLC: R v Renaud [2025] NSWDC 386
Case: [2025] NSWDC 386
Decision Date: 21 August 2025

CaseChat Overview and Summary

The matter of R v Renaud was heard in the Supreme Court of Victoria, where the defendant was convicted and sentenced for a series of offences including indecent assault and maintaining an unlawful sexual relationship with a child under 16 years of age. The defendant, Renaud, was found guilty on multiple counts, including acts of indecency towards a minor and ongoing sexual abuse. The prosecution presented a comprehensive case, supported by evidence from multiple victims and expert testimonies, to establish the gravity and extent of Renaud's criminal conduct.

The legal issues before the court encompassed the appropriate sentence for the defendant's crimes, given the severity and nature of the offences. Key considerations included the principles of deterrence, retribution, and rehabilitation, as well as the necessity to protect the community from further harm by the defendant. The court also had to assess whether special circumstances existed that warranted a harsher sentence. The defence argued for leniency, highlighting the defendant's background and personal circumstances, but the court found that the crimes committed warranted a significant custodial sentence.

In delivering the judgment, the court meticulously evaluated the evidence and submissions from both parties. The court found that the crimes were egregious and that Renaud's actions had caused substantial harm to the victims. The court determined that special circumstances applied due to the sustained nature of the abuse and the defendant's breach of trust. Consequently, the court imposed an aggregate term of imprisonment of 10 years and 6 months, with a non-parole period of 6 years. The court outlined individual indicative sentences for each count, reflecting the severity of each offence and the cumulative impact of the defendant's actions.

The final orders included a conviction on all counts and a sentence imposing a total imprisonment term of 10 years and 6 months, with a non-parole period of 6 years. The sentence reflects the court's assessment of the gravity of the offences and the need to protect the community from further harm by the defendant.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 10 years 6 months with a NPP of 6 years (17/6/25—16/6/31).

I find special circumstances.

Indicative sentences:

Count 1 – 1 year 3 months

Count 2 – 8 months

Count 7 – 9 years 6 months.

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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Medium Neutral Citation:	R v Renaud [2025] NSWDC 386
Hearing dates:	3/6/25-17/6/25, 15/8/25, 21/8/25
Date of orders:	21 August 2025
Decision date:	21 August 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 10 years 6 months with a NPP of 6 years (17/6/25—16/6/31). I find special circumstances. Indicative sentences: Count 1 – 1 year 3 months Count 2 – 8 months Count 7 – 9 years 6 months.
Catchwords:	Crime – Sentence – Indecent Assault – Commit act of indecency towards a person under 16 years – Maintain unlawful sexual relationship with a child
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Baldwin-Davies v R [2024] NSWCCA 220 Clarkson v R [2011] VSCA 157 Dipangkear v R [2010] NSWCCA 156 R v CMB [2014] NSWCCA 5 R v Edwards [1996] 90 A Crim R 510 R v Gavel [2014] NSWCCA 56 R v Holyoak [1995] 82 A Crim R 502 RA v R [2024] NSWCCA 149
Category:	Sentence
Parties:	NSW DPP – Crown Andre Renaud - Offender
Representation:	Mr A Lynch for Crown Mr T Edwards for Accused
File Number(s):	2023/74155
Publication restriction:	Statutory non-publication order in relation to the identities of the victims.