R v RJ (No.5)

[2024] NSWDC 26

District Court

New South Wales

Medium Neutral Citation:

R v RJ (No.5) [2024] NSWDC 26

Hearing dates:

08 February 2024

Date of orders:

08 February 2024

Decision date:

08 February 2024

Jurisdiction:

Criminal

Before:

Abadee DCJ

Decision:

See paragraph [86]

Catchwords:

CRIMINAL LAW – sentencing – child sexual offences perpetrated by offender on his granddaughter

Legislation Cited:

Crimes Act1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Baker v R [2022] NSWCCA 195

Bhatia v R [2023] NSWCCA 12

Culbert v R [2021] NSWCCA 38

Davidson v R [2022] NSWCCA 153

DBW v R [2007] NSWCCA 236

GL v R [2022] NSWCCA 202

Muldrock v R (2011) 244 CLR 120

R v Lau [2022] NSWCCA 131

R v Lauren Cranston [2023] NSWSC 454

RH v R [2019] NSWCCA 64

Texts Cited:

Nil

Category:

Sentence

Parties:

Rex
RJ

Representation:

Counsel:
A O’Connor for the ODPP
S Schaudin for the offender

Solicitors:
ODPP
Takchi and Associates

File Number(s):

2019/305678

Publication restriction:

Non-publication of the victim’s name and the names of others who might tend to disclose that name

REMARKS ON SENTENCING

1. On 16 May 2023, after a trial at Gosford lasting nearly two weeks and presided over by me, a jury found the offender guilty of sexual offences committed against his granddaughter arising from 6 separate incidents. There were 12 counts on the indictment, but some of those (counts 2, 8, 10 and 12) were alternative counts. In the event, the jury found the offender guilty on all (primary) counts on the indictment.

2. The offences were as follows:

• One count (count 1) of sexual intercourse with the victim, a child under the age of 10 years (8 years) in circumstances of aggravation, namely that she was under the authority of the offender, contrary to s 66A(2) of the Crimes Act1900 (NSW) (the Crown also relying upon s 80AF of the Crimes Act). For this offence, the maximum penalty is life imprisonment. The standard non-parole period is 15 years’ imprisonment.

• four counts (counts 3-6 (incl)) of indecent assault committed against a child then aged under the age of 16 years (in all cases, 11 years), contrary to s 61M(2) of the Crimes Act 1900 (NSW). For this offence, the maximum penalty is 10 years’ imprisonment with a standard non-parole period of 8 years’ imprisonment.

• three counts (counts 7, 9 & 11) of aggravated sexual intercourse against the child, then above the age of 10 years but under the age of 14 years (in all cases, 12 years), contrary to s 66C(2) of the Crimes Act 1900 (NSW). For this offence, the maximum penalty is 20 years’ imprisonment with a standard non-parole period of 9 years’ imprisonment.

3. The offender is now to be sentenced. The matter had been scheduled for sentencing on 11 August 2023, but shortly before that date, the offender’s Counsel and solicitor withdrew. On that date, the accused (eventually) indicated that he wished to engage alternative representation and, with the Crown’s consent, an adjournment was granted. The…