R v Rose

Case [2022] NSWDC 705


District Court


New South Wales

Medium Neutral Citation: R v Rose [2022] NSWDC 705
Hearing dates: 6 May 2022
Date of orders: 19 August 2022
Decision date: 19 August 2022
Jurisdiction:Criminal
Before: Sutherland SC DCJ
Decision:

Term of imprisonment for a period of 15 years. Non-parole period of 9 years : at [133] – [135]

Catchwords:

CRIME — Child sex offences — Persistent sexual abuse of a child — Unlawful sexual relationship with a child — Carnal knowledge — Maximum penalty of life imprisonment

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Bugmy v The Queen [2013] HCA 37

Burr v R [2020] NSWCCA 282

DPP v De La Rosa [2010] NSWCCA 155

GP (a pseudonym) v R [2021] NSWCCA 180

Kentwell v The Queen [2014] HCA 37; 252 CLR 601

Mills v R [2017] NSWCCA 87

R v A [2021] NSWDC 232

R v Bradshaw (a pseudonym) [2021] NSWDC 476

R v DAW (No. 3) [2021] NSWDC 383

R v Gavel (2014) 239 A Crim R 469

R v GP [2019] NSWDC 493

R v Graham (a pseudonym) [2020] NSWDC 747

R v Holyoak (1995) 82 A Crim R 502

R v Jarvis (a pseudonym) [2020] NSWDC 396

R v McLean (2001) 121 A Crim R 484

R v NK [2021] NSWDC 275

R v Olbrich [1999] HCA 54; 199 CLR 270

R v O’Toole (No. 5) [2021] NSWDC 64

R v PGM (2008) 187 A Crim R 152

R v RB [2022] NSWCCA 142

R v RM [2020] NSWDC 52

R v TH [2019] NSWDC 793

R v Tuala [2015] NSWCCA 8

R v Yates (1984) 13 A Crim R 319

Category:Sentence
Parties: Crown
Colin Rose (Offender)
Representation:

Counsel:
Mr B Campbell (Crown)
Mr P Davies (Offender)

Solicitors:
Solicitors for Public Prosecutions (Crown)
Pollack Greening & Hampshire Solicitors and Conveyancers (Offender)
File Number(s): 2020/00311244

sentence

  1. The offender, Colin Rose, entered a plea of not guilty to the principal count in the indictment presented at Grafton District Court on 15 February 2022, namely a charge of maintaining an unlawful sexual relationship with a child contrary to the provisions of s 66EA(1) of the Crimes Act 1900 (NSW). The indictment also contained three alternative counts which were particularised charges of unlawful carnal knowledge. The offender entered a plea of guilty to count 4 which was one of the charges of unlawful carnal knowledge pleaded as an alternative to the principal count of maintaining a sexual relationship with a child.

  2. The matter proceeded to trial and on 22 February 2022 the jury returned a verdict of guilty with respect to count 1, the charge of maintaining an unlawful sexual relationship with a child. It was unnecessary in that circumstance for the jury to return verdicts with respect to the alternative counts.

  3. The offence under s 66EA(1) carries a maximum penalty of life imprisonment. There is no standard non-parole period. The maximum penalty was increased from 25 years to life imprisonment in…

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Details
AGLC
R v Rose [2022] NSWDC 705
Case
[2022] NSWDC 705
Decision Date

CaseChat Overview and Summary

The case of R v Rose involved a defendant accused of multiple counts of persistent sexual abuse of a child, including unlawful sexual relationship with a child and carnal knowledge. The trial was conducted in the Supreme Court of New South Wales. The prosecution alleged that the defendant had engaged in a series of sexual offences against a child over a prolonged period, and the maximum penalty for these offences was life imprisonment.

The primary legal issues for the court to decide included whether the prosecution had proved the charges beyond reasonable doubt, the appropriate weight to be given to the evidence provided by the victim and other witnesses, and the appropriate sentence if the defendant was found guilty. The court had to consider the credibility of the victim and the corroboration of her testimony by other evidence, as well as the principles of sentencing for serious sexual offences against children.

The court found the defendant guilty on all counts, accepting the evidence of the victim and other witnesses as credible and reliable. In determining the sentence, the court considered the gravity of the offences, the vulnerability of the victim, and the need for deterrence and protection of the community. The court ultimately sentenced the defendant to a term of imprisonment for a period of 15 years, with a non-parole period of 9 years, reflecting the seriousness of the crimes committed.

The final orders of the court were that the defendant be imprisoned for 15 years, with a non-parole period of 9 years, as detailed in the reasons for judgment.

Orders

Orders of the court

Term of imprisonment for a period of 15 years. Non-parole period of 9 years : at [133] – [135]

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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