R v RM (No.7)

[2024] NSWDC 577

District Court

New South Wales

Medium Neutral Citation:

R v RM (No.7) [2024] NSWDC 577

Hearing dates:

4 December 2024

Date of orders:

4 December 2024

Decision date:

04 December 2024

Jurisdiction:

Criminal

Before:

Abadee DCJ

Decision:

See paragraphs [30]-[31]

Catchwords:

CRIMINAL LAW – sentencing – re-sentence of offender following remitter from the New South Wales Court of Criminal Appeal – remitter followed that Court’s setting aside of a conviction for one count and substituted conviction on a statutory alternative count – further information supplied affecting rehabilitation prospects and reduction in ratio for non-parole period

Legislation Cited:

Crimes Act 1900 (NSW), ss, 66C(2), (4)

Cases Cited:

Crane v R [2024] NSWCCA 87

R v RM (No.6) [2023] NSWDC 305

RM v R [2024] NSWCCA 148

Texts Cited:

Nil

Category:

Sentence

Parties:

Office of the Director of Public Prosecutions (ODPP)
RM (the Offender)

Representation:

Counsel:
Mr C Reynolds for the ODPP
Ms K Hogan for the Offender

Solicitors:
ODPP
AJA Associates

File Number(s):

2020/00213495; 2020/00251096

Publication restriction:

Non-publication of the identity of the offender and the victim

REMARKS ON SENTENCE

Introduction

1. On 11 August 2023, I sentenced the offender to a term of imprisonment of 12 years, with a non-parole period of 8 years and 5 months, following his conviction for 11 sexual offences committed against his daughter, the victim, in a period spanning 1 June 2011 to 19 July 2020. My remarks on sentence were published on Caselaw^[1] . I will refer to these as ‘My Earlier Remarks’. These sentencing remarks should be read with My Earlier Remarks.

   1. R v RM (No.6) [2023] NSWDC 305

2. The offender appealed all of those convictions (although not the severity of sentence) and on 7 August 2024, and with the exception of his conviction on count 5 of the indictment, his appeals against all of his convictions were dismissed.

3. Count 5 was the offence of his having sexual intercourse with the victim, being a person above the age of 10 years and under the age of 14 years (namely, 13 years) in circumstances of aggravation, that the victim was under the offender’s authority, contrary to s 66C(2) of the Crimes Act 1900 (NSW). That particular offence carried a maximum penalty of 20 years’ imprisonment; with a standard non-parole period of 9 years.

4. On 7 August 2024, the New South Wales Court of Criminal Appeal allowed the offender’s appeal against conviction on count 5, determining that the guilty verdict was unreasonable; and, instead, convicted the offender on the statutory alternative charge of unlawful sexual intercourse with a person above the age of 14 years and under the age of 16 years in circumstances of aggravation, namely that the complainant was under the applicant’s authority, contrary to s 66C(4) of the Crimes Act1900 (NSW) ^[2] .

   2. RM v R [2024] NSWCCA 148

5. This alternative offence under 66C(4) carried a maximum penalty of 12 years’ imprisonment. At the time of the offending, there was no standard non-parole period ^[3] .

   3. Currently…