District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Sams [2021] NSWDC 542 Hearing dates: 01 September 2021 Date of orders: 01 September 2021 Decision date: 01 September 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate sentence of imprisonment of 5 years 9 months with a non-parole period of 2 years
Catchwords: COURTS AND JUDGES — Judges — Communications with judge
CRIMINAL PROCEDURE — Trial — Jury
CRIMINAL PROCEDURE — Trial — Sexual offence proceedings
CRIME — Bail — Detention application
CRIME — Sexual offences — sexual intercourse with child <10 years
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
SENTENCING — Relevant factors on sentence — Objective seriousness
SENTENCING — Relevant factors on sentence — Purposes of sentencing
SENTENCING — Relevant factors on sentence — Parole period
SENTENCING — Sentencing procedure — Reasons for sentence
MEDIA AND COMMUNICATIONS — Telecommunications services — Offences — Use of carriage service to harass
MEDIA AND COMMUNICATIONS — Telecommunications services — Offences — Threat by telephone
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Code 1995 Commonwealth
Cases Cited: Imbornonev R [2017] NSWCCA 144
Kesavarajah v The Queen (1994) 181 CLR 230
Mill v The Queen (1988) 166 CLR 59
Muldrock v The Queen [2011] HCA 39
RvBlanco (1999) 106 A Crim R 303
R v Presser [1958] VR 45
The Queen v Olbrich (1999) 199 CLR 270
Veen v R (No 2) [1988] HCA 14
Category: Sentence Parties: Regina (Crown)
Jason James Sams (Offender)Representation: Kylie Henry (Solicitor Advocate)
Director of Public Prosecutions (NSW) (Crown)
William Buxton (Counsel for the Offender)
O’Brien Winter Partners (solicitors for the Offender)
File Number(s): 2019/00387612 Publication restriction: No publication of the name of the victim or of any information which may enable their identity to be ascertained
REVISED EX TEMPORE JudgEment
SENTENCE
Introduction
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These are the sentence proceedings after the trial of Jason James Sams found guilty by a jury in the District Court in Newcastle where he appeared for trial and before me as the presiding judge and a jury of 12.
The Offences
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The offences with which the offender was charged were both contrary to s 66A(1) Crimes Act 1900 with the application of s 80AF Crimes Act 1900 because of the range of dates between which the offences were alleged to have occurred.
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Count One was expressed thus: between 31 December 2007 and 31 December 2010, at Thornton in the State of New South Wales, did have sexual intercourse with AA-B, a child then under the age of ten years, namely, four, five, or six years.
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Count Two was expressed in identical terms.
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The maximum penalty specified for an offence contrary to this provision is imprisonment for 25 years. There is a standard non-parole period of 15 years…
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- AGLC
- R v Sams [2021] NSWDC 542
- Case
- [2021] NSWDC 542
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the admissibility of the alleged communications with the juror, the impact on the trial's fairness, and the sentencing considerations for the multiple offences committed by Sams. The court had to determine whether the alleged communications constituted a contempt of court and, if so, how this should affect the trial and the sentencing.
The court meticulously reviewed the evidence regarding the alleged communications, concluding that there was insufficient evidence to establish that Sams had indeed communicated with the juror. Consequently, the court found that there was no contempt of court. Regarding the sentencing, the court considered the objective seriousness of the offences, the purposes of sentencing, and the need for an aggregate sentence that reflected the cumulative impact of Sams's criminal conduct. The court imposed an aggregate sentence of imprisonment of 5 years and 9 months, with a non-parole period of 2 years.
The final orders of the court reflected the comprehensive evaluation of the case, resulting in the specified aggregate sentence for Sams, taking into account the various factors pertinent to the sentencing process.
Orders
Orders of the court
Aggregate sentence of imprisonment of 5 years 9 months with a non-parole period of 2 years
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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