R v Roberts (a pseudonym) - [2024] NSWDC 352

District Court

New South Wales

Medium Neutral Citation: R v Roberts (a pseudonym) [2024] NSWDC 352
Hearing dates: 6 March 2024
Date of orders: 26 April 2024
Decision date: 26 April 2024
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Aggregate sentence of 8 years with a non-parole period of 5 years, at [220] – [222].

Catchwords:
CRIME — SENTENCE — Historical sexual offences — Act of indecency — Offences charged under section 76 of the Crimes Act 1900, now repealed — Impact of delay in prosecution.
CRIME — Sexual offences — Assault female under the age of 16 years and commit act of indecency — Historical sexual assault offences committed over 50 years ago — Offences committed against offender's daughter, nieces and family friends.
SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victims — Offence committed in the home of victims or any other person — Multiple victims — Mitigating factors — Unlikely to re-offend — No record of previous convictions.

Legislation Cited: Bail Act 2013 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Cases Cited: Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) ACT 1999 No 1 of 2002 [2002] NSWCCA 518
Decision Restricted [2020] NSWCCA 275
Kelly v R [2021] NSWCCA 154
Lai v R [2021] NSWCCA 217
R v Cattell [2019] NSWCCA 297
R v DW (No 1) [2020] NSWDC 461
R v Gommeson [2014] NSWCCA 159
R v Greenaway [2020] NSWDC 97
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270; (1999) 166 ALR 330
R v Qutami [2001] NSWCCA 353
R v Roberts [2019] NSWDC 510
R v SW NSWDC, Unreported 10 September 2018
RL v R [2015] NSWCCA 106
WB v R [2020] NSWCCA159
Texts Cited:
Royal Commission into Institutional Responses to Child Sexual Abuse (Final Report, December 2017)

Category: Sentence
Parties: Rex (Crown)
“George Roberts”, a pseudonym (Offender)
Representation:
Counsel:

C Young (Crown)
J Clarke (Offender)

Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Gus Farland Solicitors (Offender)

File Number(s): 2022/00109460
2022/00392026
Publication restriction: There is to be no publication of a name that identifies or is likely to lead to the identification of the complainant in accordance with section 578A of the Crimes Act 1900.

JUDGMENT

My oral Remarks on Sentence with respect to the child victims of the offenders’ sexual abuse will refer to each of the complainants by name. There is, however, a statutory prohibition against the publication of any of the names of the victims or of material tending to identify them. Accordingly, these Remarks will use pseudonyms and will include redactions where necessary.
The offender, to whom I will refer to as “George Roberts”, appears for sentence following his pleas of guilty in respect of 10 offences committed against female children who were then under the age of 16 years. 8 charges are before the court as substantive offences and 2 further offences have been placed on Form 1 documents. The offending…

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 Roberts (a pseudonym)

Details

AGLC: R v Roberts (a pseudonym) [2024] NSWDC 352
Case: [2024] NSWDC 352
Decision Date: 26 April 2024

CaseChat Overview and Summary

In the case of R v Roberts, the appellant faced charges for historical sexual offences involving acts of indecency against his daughter, nieces, and family friends. The offences, which occurred over 50 years ago, were prosecuted under section 76 of the Crimes Act 1900, now repealed. The court was tasked with determining the appropriate sentence, taking into account the significant delay in prosecution and the nature of the offences.

The primary legal issues included the assessment of aggravating and mitigating factors relevant to the sentencing of historical sexual offences. The court considered the abuse of a position of trust or authority, the setting of the offences, and the number of victims. Mitigating factors included the offender's lack of a criminal record and the low likelihood of re-offending. The court's reasoning focused on balancing these factors while also addressing the societal need for deterrence and denunciation in cases of historical sexual abuse.

The court determined that an aggregate sentence of eight years imprisonment, with a non-parole period of five years, was appropriate. This decision reflected the gravity of the offences, the delay in prosecution, and the need to provide some measure of justice to the victims. The sentence also considered the mitigating factors that suggested a reduced risk of re-offending.

The final orders of the court were an aggregate sentence of eight years with a non-parole period of five years, as outlined in paragraphs [220] to [222]. This outcome aimed to provide a just resolution for the victims while also acknowledging the significant passage of time since the offences were committed.

Orders

Orders of the court

Aggregate sentence of 8 years with a non-parole period of 5 years, at [220] – [222].

Background

Background to the litigation

Full text does not contain this section.

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 Roberts (a pseudonym) [2024] NSWDC 352
Hearing dates:	6 March 2024
Date of orders:	26 April 2024
Decision date:	26 April 2024
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Aggregate sentence of 8 years with a non-parole period of 5 years, at [220] – [222].
Catchwords:	CRIME — SENTENCE — Historical sexual offences — Act of indecency — Offences charged under section 76 of the Crimes Act 1900, now repealed — Impact of delay in prosecution. CRIME — Sexual offences — Assault female under the age of 16 years and commit act of indecency — Historical sexual assault offences committed over 50 years ago — Offences committed against offender's daughter, nieces and family friends. SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victims — Offence committed in the home of victims or any other person — Multiple victims — Mitigating factors — Unlikely to re-offend — No record of previous convictions.
Legislation Cited:	Bail Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW)
Cases Cited:	Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) ACT 1999 No 1 of 2002 [2002] NSWCCA 518 Decision Restricted [2020] NSWCCA 275 Kelly v R [2021] NSWCCA 154 Lai v R [2021] NSWCCA 217 R v Cattell [2019] NSWCCA 297 R v DW (No 1) [2020] NSWDC 461 R v Gommeson [2014] NSWCCA 159 R v Greenaway [2020] NSWDC 97 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270; (1999) 166 ALR 330 R v Qutami [2001] NSWCCA 353 R v Roberts [2019] NSWDC 510 R v SW NSWDC, Unreported 10 September 2018 RL v R [2015] NSWCCA 106 WB v R [2020] NSWCCA159
Texts Cited:	Royal Commission into Institutional Responses to Child Sexual Abuse (Final Report, December 2017)
Category:	Sentence
Parties:	Rex (Crown) “George Roberts”, a pseudonym (Offender)
Representation:	Counsel: C Young (Crown) J Clarke (Offender) Solicitors: Director of Public Prosecutions (NSW) (Crown) Gus Farland Solicitors (Offender)
File Number(s):	2022/00109460 2022/00392026
Publication restriction:	There is to be no publication of a name that identifies or is likely to lead to the identification of the complainant in accordance with section 578A of the Crimes Act 1900.