District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v RG [2020] NSWDC 492 Hearing dates: 21 February 2020 Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: An aggregate term of imprisonment of 3 years with a non-parole period of 2 years: at [33].
Catchwords: SENTENCING — Penalties — Imprisonment
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Relevant factors on sentence — Circumstances of offence — Deterrence — Factual basis for sentence — General principle — Maximum penalty — Multiple offences — Objective seriousness
SENTENCING — Subjective considerations on sentence — Special circumstances — Age of offender
Legislation Cited: Crimes Act 1900
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571
Imbornone v R [2017] NSWCCA 144
R v Qutami (2001) 127 A Crim R 369
Texts Cited: Nil
Category: Sentence Parties: Regina (Crown)
RG (Offender)Representation: Mr P Lynch (Crown)
Mr T Thorpe (Counsel for the offender)
File Number(s): 2016/185134 Publication restriction: STATUTORY NON-PUBLICATION APPLIES
Any matter which may identify the complainant: s 15A Children (Criminal Proceedings) Act 1987; s 578A Crimes Act 1900
Judgment
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RG, now aged 74, pleaded guilty at the time of a trial being listed in November 2019 to a number of historic sexual offence counts. I accept Mr Thorpe’s submission that a discount of 15% should be allowed for the utilitarian value of the plea, given that it eliminated the victims having to recount their experiences in evidence.
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It is clear that an aggregate sentence of fulltime imprisonment should be imposed, and no other alternatives need be considered when I carry out the sentencing exercise in accordance with s 3A of the Crimes (Sentencing Procedure) Act 1999 and what the High Court said in Veen v The Queen (No 2) (1988) 164 CLR 465, as Mr Thorpe helpfully pointed out in his written submissions.
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The agreed facts show that the offences relate to offences committed against two cousins RS and PF. The victim’s grandmother, JS, lived with the offender during the 1970s and 1980s. RS lived with JS between1986-1988.
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The offences to which he has pleaded guilty are under a number of repealed sections which carry lower maximum penalties than the maximum penalties that are now applicable for the same type of offence, namely s 61E(1) of the Crimes Act 1900, (Counts 1,2,5,6) which carried a maximum penalty of six years imprisonment, with no standard non-parole period; s 61E(2) of the Crimes Act 1900 (Count 3) which carried a maximum penalty of two years imprisonment, with no standard non-parole period; and s 61M(1) of the Crimes Act 1900 (Count 4) which carried a maximum penalty of seven years imprisonment, with no standard non-parole period. These maximum penalties are of course legislative guideposts in the sentencing exercise.
Facts on Sentence
Victim 1 – RS (Counts…
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- AGLC
- R v RG [2020] NSWDC 492
- Case
- [2020] NSWDC 492
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the application of sentencing principles, including the objective seriousness of the offences, the maximum penalties applicable, and the consideration of mitigating factors such as RG's plea of guilty and age. The court had to balance these factors to arrive at a sentence that appropriately reflects the gravity of the crimes while also considering RG's personal circumstances.
The court considered the severity of the offences, which involved multiple instances of criminal activity, and acknowledged the need for deterrence. It also recognised the mitigating factor of RG's plea of guilty and the subjective consideration of RG's age. After weighing these elements, the court determined an aggregate term of imprisonment of 3 years with a non-parole period of 2 years. This sentence was deemed suitable to reflect the seriousness of the crimes while also taking into account the mitigating factors presented.
Orders
Orders of the court
An aggregate term of imprisonment of 3 years with a non-parole period of 2 years: at [33].
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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