R v Sanchez - [2021] NSWDC 561

District Court

New South Wales

Medium Neutral Citation: R v Sanchez [2021] NSWDC 561
Hearing dates: 17 August 2021
23 September 2021
Date of orders: 23 September 2021
Decision date: 23 September 2021
Jurisdiction: Criminal
Before: Montgomery DCJ
Decision:

The offender is convicted of each offence.

The offender is sentenced to a term of imprisonment comprising a non-parole period of 2 years and 9 months; with a total term of 3 years and 8 months

The sentence commences on 22 September 2020 and expires on 21 May 2024.

The non-parole period expires on 21 June 2023.

The offender is eligible for consideration of release on parole on 21 June 2023.

I direct the offender accept the supervision and guidance of the Community Corrective Services and obey all reasonable directions of that Service.

Catchwords:
CRIME — Sexual offences — Indecent assault

Legislation Cited:
Crimes Act 1900 (NSW) ss 61E(1A), 61M(2)
Criminal (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 21A(2)(ea), 21A(2)(k), 21A(3)(f), 21A(5A), 25AA(3)

Cases Cited:
AH v R [2015] NSWCCA 51
Henderson v R [2016] NSWCCA 8
R v Cattell [2019] NSWCCA 297
R v Thompson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309

Category: Principal judgment
Parties:
Regina
Leonel Raul Sanchez, Defendant
Representation:
Counsel:
Mr Isaacs, Counsel for the Crown
Mr Walker, Counsel for the Defendant
Solicitors:
Ms Vye, ODPP

File Number(s): 2020/00275068

Judgment

The offender was born on 8 September 1960 in Santiago, Chile. He is now 61 years of age.

OFFENCES

The offender stands for sentence for the following offending:

Sequence 3: Indecent Assault of Person under the age of 16 years under the offender’s authority pursuant to section 61E(1A) Crimes Act 1900 (NSW)

Sequence 4: Indecent Assault of Person under the age of 16 years under the offender’s authority pursuant to section 61E(1A) Crimes Act 1900 (NSW)

Form 1 charge pursuant to section 61E(1A) Crimes Act 1900 (NSW) being Sequence 5, is taken to account as attaching to the Sequence 4 offence.

Each of the Sequence 3 and 4 offences and the Form 1 matter involve the first victim (‘FV’). FV read her Witness Impact Statement.

Sequence 7: Indecent Assault of person under the age of 10 years pursuant to section 61M(2) Crimes Act 1900 (NSW)
Sequence 9: Indecent Assault of person under the age of 10 years pursuant to section 61M(2) Crimes Act 1900 (NSW)

Each of the sequence 7 and 9 offences involve the second victim (‘SV’). SV read her Witness Impact Statement.

MAXIMUM PENALTIES

At the time of commission of the offences the relevant provisions of the Crimes Act 1900 (NSW) provided:

s61E(1A) – Any person who assaults another person who:
(a) is under the age of 16 years, and
(b) is (whether generally or at the time of the assault only) under the authority of the person,
and, at the time of, or immediately before or after, the assault, commits an act of indecency upon or in the presence of the other person, shall be liable to penal servitude of…

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 Sanchez

Details

AGLC: R v Sanchez [2021] NSWDC 561
Case: [2021] NSWDC 561
Decision Date: 23 September 2021

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of R v Sanchez was heard. The defendant, Sanchez, was charged with multiple counts of indecent assault. The victim, a minor, alleged that Sanchez had committed acts of a sexual nature against her on various occasions. The case was brought to trial, and the jury found Sanchez guilty on all counts.

The legal issues before the court were the interpretation of the charges, the admissibility of evidence, and the appropriate sentencing. The court had to determine whether the prosecution had proved the elements of the offences beyond reasonable doubt, whether certain evidence was admissible and could be relied upon, and what sentence would be appropriate given the nature and circumstances of the offences.

The court found that the prosecution had successfully established the charges against Sanchez. The evidence presented, including witness testimonies and other corroborative material, was deemed reliable and sufficient to support the jury's verdict. Regarding sentencing, the court considered the gravity of the offences, the impact on the victim, and the need for deterrence and rehabilitation. It was determined that a term of imprisonment was necessary, balancing the need to protect the community and provide an opportunity for the offender to reflect on and reform their behaviour. The sentence imposed comprised a total term of 3 years and 8 months, with a non-parole period of 2 years and 9 months. Sanchez was also directed to accept supervision and guidance from the Community Corrective Services and to obey all reasonable directions of that service.

Orders

Orders of the court

The offender is convicted of each offence.

The offender is sentenced to a term of imprisonment comprising a non-parole period of 2 years and 9 months; with a total term of 3 years and 8 months

The sentence commences on 22 September 2020 and expires on 21 May 2024.

The non-parole period expires on 21 June 2023.

The offender is eligible for consideration of release on parole on 21 June 2023.

I direct the offender accept the supervision and guidance of the Community Corrective Services and obey all reasonable directions of that Service.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Sanchez [2021] NSWDC 561
Hearing dates:	17 August 2021 23 September 2021
Date of orders:	23 September 2021
Decision date:	23 September 2021
Jurisdiction:	Criminal
Before:	Montgomery DCJ
Decision:	The offender is convicted of each offence. The offender is sentenced to a term of imprisonment comprising a non-parole period of 2 years and 9 months; with a total term of 3 years and 8 months The sentence commences on 22 September 2020 and expires on 21 May 2024. The non-parole period expires on 21 June 2023. The offender is eligible for consideration of release on parole on 21 June 2023. I direct the offender accept the supervision and guidance of the Community Corrective Services and obey all reasonable directions of that Service.
Catchwords:	CRIME — Sexual offences — Indecent assault
Legislation Cited:	Crimes Act 1900 (NSW) ss 61E(1A), 61M(2) Criminal (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 21A(2)(ea), 21A(2)(k), 21A(3)(f), 21A(5A), 25AA(3)
Cases Cited:	AH v R [2015] NSWCCA 51 Henderson v R [2016] NSWCCA 8 R v Cattell [2019] NSWCCA 297 R v Thompson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
Category:	Principal judgment
Parties:	Regina Leonel Raul Sanchez, Defendant
Representation:	Counsel: Mr Isaacs, Counsel for the Crown Mr Walker, Counsel for the Defendant Solicitors: Ms Vye, ODPP
File Number(s):	2020/00275068