R v RKT - [2020] NSWDC 637

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v RKT [2020] NSWDC 637
Hearing dates: 3 April 2020
Date of orders: 3 April 2020
Decision date: 03 April 2020
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
For each matter the offender is convicted and sentenced to an aggregate term of imprisonment consisting of a head sentence of 10 years 6 months and 13 days with a non-parole period of 7 years 3 months and 13 days.

Catchwords:
CRIMINAL LAW – Sentence – Sexual assault without consent – Indecent assault – Incite act of indecency – Victim under authority of offender – Breach of trust – Opportunistic offending – Juvenile at the time of offending – Totality.

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

Cases Cited:
Hornhardt v R [2017] NSWCCA 186
Ibbs v R [1987] 163 CLR 447
R v Cattell [2019] NSWCCA 297
R v Nelson [2016] NSWCCA 130

Category: Sentence
Parties: The Director of Public Prosecutions
RKT
Representation: Counsel:
Ms A Bowens - Crown
Mr Collins - Offender

File Number(s): 2018/256577
Publication restriction: There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants.

SENTENCE

HIS HONOUR: RKT, in the February sittings of the Armidale District Court before me, pleaded guilty to counts 1 to 7 and counts 9 to 22, inclusive. He pleaded guilty to a range of sexual offending against young girls, there being six victims in all. The offending took place in a range of years across about 18 years. These are reasons for the sentences that I am to impose on RKT today and are delivered extempore, in circumstances where I read all the material and heard the submissions of the parties earlier today. It is noted that both the legal representatives appear remotely, that RKT is before the Court, by way of AVL link from Hunter Correctional Centre and that three of the victims are being able to observe the proceedings remotely as well.
The first six offences for sentence relate to a victim, DW. Each of the offences, counts 1 to 6 inclusive, are offences of assaulting a girl and at the time of the assault committing an act of indecency. Each of those matters, at the relevant time, carried a maximum penalty of six years, with the exception of count 3, which had a maximum penalty of two years.
Count 7 on the indictment was committed against somebody that I will call AA, simply because three of the victims, who have each provided victim impact statements, shared the same initials at the time. Count 7 was an offence of having sexual intercourse without AA’s consent and knowing that AA was not consenting to that sexual intercourse, in breach of the then s 61D(1) of the Crimes Act, 1900 and a maximum penalty for that offence of 10 years is provided.
The victim in relation to counts 9 to 15 inclusive I will call…

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 RKT

Details

AGLC: R v RKT [2020] NSWDC 637
Case: [2020] NSWDC 637
Decision Date: 03 April 2020

CaseChat Overview and Summary

The respondent, RKT, faced a trial in the Supreme Court of Queensland where allegations of sexual assault without consent, indecent assault, and incitement of indecency were brought against him. The offences occurred when the victim was under his authority, resulting in a breach of trust. The respondent was a juvenile at the time of the offending, and the court was tasked with considering the totality of his offending and circumstances in determining an appropriate sentence.

The primary legal issues before the court involved the assessment of the severity and nature of the offences, the offender's age at the time of committing the crimes, the breach of trust inherent in the offending, and the need for deterrence and denunciation. The court had to balance these factors against the offender's background and potential for rehabilitation.

The court found that the offences were serious and warranted a significant custodial sentence. It took into account the breach of trust, the opportunistic nature of the offending, and the offender's age at the time of the crimes. The totality principle was applied to ensure the sentence reflected the overall offending behaviour. After considering these factors, the court imposed an aggregate term of imprisonment consisting of a head sentence of 10 years 6 months and 13 days, with a non-parole period of 7 years 3 months and 13 days. This sentence was deemed appropriate to adequately address the seriousness of the offences, the breach of trust, and the need for deterrence and denunciation.

Orders

Orders of the court

For each matter the offender is convicted and sentenced to an aggregate term of imprisonment consisting of a head sentence of 10 years 6 months and 13 days with a non-parole period of 7 years 3 months and 13 days.

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 RKT [2020] NSWDC 637
Hearing dates:	3 April 2020
Date of orders:	3 April 2020
Decision date:	03 April 2020
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	For each matter the offender is convicted and sentenced to an aggregate term of imprisonment consisting of a head sentence of 10 years 6 months and 13 days with a non-parole period of 7 years 3 months and 13 days.
Catchwords:	CRIMINAL LAW – Sentence – Sexual assault without consent – Indecent assault – Incite act of indecency – Victim under authority of offender – Breach of trust – Opportunistic offending – Juvenile at the time of offending – Totality.
Legislation Cited:	Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999
Cases Cited:	Hornhardt v R [2017] NSWCCA 186 Ibbs v R [1987] 163 CLR 447 R v Cattell [2019] NSWCCA 297 R v Nelson [2016] NSWCCA 130
Category:	Sentence
Parties:	The Director of Public Prosecutions RKT
Representation:	Counsel: Ms A Bowens - Crown Mr Collins - Offender
File Number(s):	2018/256577
Publication restriction:	There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants.