R v Sampson - [2024] NSWDC 694

District Court

New South Wales

Medium Neutral Citation: R v Sampson [2024] NSWDC 694
Hearing dates: 31/5/24, 14/6/24
Date of orders: 14/6/24
Decision date: 14 June 2024
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 7 years with a NPP of 4 years 3 months (31/1/24-30/4/28).
I find special circumstances.
The indicative sentences are (5 percent discount taken into account):
Count 1 Indecent assault under 10 – 2 years 10 months.
Count 3 Indecent assault under 10 – 3 years 1 month with NPP 1 year 10 months.
Count 5 Indecent assault under 10 – 3 years 2 months with NPP 1 year 10 months.
Count 7 Indecent assault under 16 – 3 years 6 months with NPP 2 years 1 month.
Count 8 Indecent assault under 16 – 3 years 5 months with NPP 2 years.
Count 9 Indecent assault under 16 – 3 years 3 months with NPP 1 year 11 months.
Count 10 Sexual touching 10-16 – 3 years 1 month (Form 1 taken into account)

Catchwords:
Crime – Sentence – Indecent assault of a child under 10 years – Indecent assault of a child under 16 years – Intentionally sexually touch child 10-16 years

Legislation Cited:
Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
BP v R [2010] NSWCCA 159
Bugmy v The Queen [2013] HCA 37
Hoskings v R [2021] NSWCCA 169
Nasrallah v R [2021] NSWCCA 207
R v Gavel [2014] NSWCCA 56
TM v R [2023] NSWCCA 185

Category: Sentence
Parties: NSW DPP – Crown
Todd Sampson - Offender
Representation: Mr Queenan and Mr Larkin for Crown
Mr Hussey for Offender

File Number(s): 22/113888
Publication restriction: Statutory non-publication order in relation to the identity of the victims

remarks on sentence

Mr Sampson is for sentence in relation to a number of offences as follows: Firstly, count 1 which is an offence under s 61M(2) of the Crimes Act 1900 being an offence of indecent assault of a child under the age of ten years. The maximum penalty for that offence is ten years imprisonment. Secondly, count 3 which is an offence under the same provision which is an indecent assault of a child under the age of ten years and which carries a maximum penalty of ten years and a standard non-parole period of eight years which is specified. Count 5, which is an offence of indecent assault of a child under the age of 16 years which is under the same statutory provision and carries the same maximum penalty and standard non-parole period. Count 7, which is an offence of the same type, indecent assault of a child under 16 years, which carries the same maximum and standard non-parole period. Count 8, which is another offence of the same kind and carries the same maximum and standard non-parole period, as does count 9, which is similar offence. And finally, count 10, which is…

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 Sampson

Details

AGLC: R v Sampson [2024] NSWDC 694
Case: [2024] NSWDC 694
Decision Date: 14 June 2024

CaseChat Overview and Summary

The matter of R v Sampson was heard in a court where the defendant faced multiple charges relating to indecent assault and sexual touching of children. The defendant, Sampson, was convicted on ten counts involving children under the age of 10 and under the age of 16. The court was tasked with determining an appropriate sentence for Sampson, considering the gravity of the offences and the impact on the victims.

The legal issues before the court involved the determination of an aggregate term of imprisonment that appropriately reflected the severity and nature of the crimes committed. The court had to consider each offence individually, taking into account the impact on the victims, the age of the victims, and the defendant's criminal history. Additionally, the court needed to determine if there were any special circumstances that would warrant a departure from the standard sentencing principles.

In delivering the judgment, the court found that special circumstances did exist, justifying a departure from the typical sentencing guidelines. The court meticulously assessed each count, applying a five percent discount to the indicative sentences as per statutory provisions. Sampson was ultimately sentenced to an aggregate term of imprisonment of seven years, with a non-parole period of four years and three months. The court provided detailed reasoning for the sentence imposed on each count, ensuring that the overall punishment was commensurate with the crimes committed.

The final orders included the conviction and sentencing of Sampson, with specific terms for the non-parole periods for each count. The court's decision took into account the severity of the offences and the need to protect the community and the victims. The sentences were structured to reflect the gravity of the crimes, ensuring that Sampson would serve a significant period in custody before being eligible for parole.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 7 years with a NPP of 4 years 3 months (31/1/24-30/4/28).

I find special circumstances.

The indicative sentences are (5 percent discount taken into account):

Count 1 Indecent assault under 10 – 2 years 10 months.

Count 3 Indecent assault under 10 – 3 years 1 month with NPP 1 year 10 months.

Count 5 Indecent assault under 10 – 3 years 2 months with NPP 1 year 10 months.

Count 7 Indecent assault under 16 – 3 years 6 months with NPP 2 years 1 month.

Count 8 Indecent assault under 16 – 3 years 5 months with NPP 2 years.

Count 9 Indecent assault under 16 – 3 years 3 months with NPP 1 year 11 months.

Count 10 Sexual touching 10-16 – 3 years 1 month (Form 1 taken into account)

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 Sampson [2024] NSWDC 694
Hearing dates:	31/5/24, 14/6/24
Date of orders:	14/6/24
Decision date:	14 June 2024
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 7 years with a NPP of 4 years 3 months (31/1/24-30/4/28). I find special circumstances. The indicative sentences are (5 percent discount taken into account): Count 1 Indecent assault under 10 – 2 years 10 months. Count 3 Indecent assault under 10 – 3 years 1 month with NPP 1 year 10 months. Count 5 Indecent assault under 10 – 3 years 2 months with NPP 1 year 10 months. Count 7 Indecent assault under 16 – 3 years 6 months with NPP 2 years 1 month. Count 8 Indecent assault under 16 – 3 years 5 months with NPP 2 years. Count 9 Indecent assault under 16 – 3 years 3 months with NPP 1 year 11 months. Count 10 Sexual touching 10-16 – 3 years 1 month (Form 1 taken into account)
Catchwords:	Crime – Sentence – Indecent assault of a child under 10 years – Indecent assault of a child under 16 years – Intentionally sexually touch child 10-16 years
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	BP v R [2010] NSWCCA 159 Bugmy v The Queen [2013] HCA 37 Hoskings v R [2021] NSWCCA 169 Nasrallah v R [2021] NSWCCA 207 R v Gavel [2014] NSWCCA 56 TM v R [2023] NSWCCA 185
Category:	Sentence
Parties:	NSW DPP – Crown Todd Sampson - Offender
Representation:	Mr Queenan and Mr Larkin for Crown Mr Hussey for Offender
File Number(s):	22/113888
Publication restriction:	Statutory non-publication order in relation to the identity of the victims