R v SH

Case [2024] NSWDC 104


District Court


New South Wales

Medium Neutral Citation: R v SH [2024] NSWDC 104
Hearing dates: 15 March 2024
Date of orders: 21 March 2024
Decision date: 21 March 2024
Jurisdiction:Criminal
Before: Anderson SC DCJ
Decision:

(1) A non-publication order is made with respect to s 7 of the Court Suppression and Non-Publication Orders Act2010. I direct that the names of the young person and the victim or any features which might be able to identify either party are to be suppressed.

(2) In respect of the charge to which you have pleaded guilty, you are convicted.

(3) Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act 1999, instead of imposing a period of imprisonment, you are ordered to comply with a community corrections order in place for 3 years commencing today.

(4) You must attend the Maitland Community Corrections Centre within seven days from today.

(5) The community corrections order will have the following conditions;

(a) You are not to commit any further offences.

(b) You must appear before the Court if called upon to do so at any time.

(c) For the period of the orders, or for any lesser period deemed appropriate, you must accept the supervision of the Department of Community Corrections and obey all reasonable directions of that service relating to ongoing counselling, including for mental health issues and if deemed necessary, a referral to an appropriate sex offender treatment program.

(d) You are not to assault, molest, interfere, stalk, contact or have anything to do with the victim in this matter.

(e) You must obey all reasonable directions of any treating health professional.

(f) You are to visit a general practitioner within 28 days as of today or as soon as possible for the purpose of obtaining a mental health treatment plan.

(g) You must visit a general practitioner within 28 days as of today or as soon as possible for the purpose of obtaining a referral for psychometric testing to assess any cognitive impairment or autism spectrum disorder.

(6) I make an order pursuant to section 3C(1) of the Child Protection (Offender's Registration) Act 2000 that the young person is not to be treated as a registrable person for the purposes of the Act.

Catchwords:

CRIMINAL – sentence – child sexual intercourse

Legislation Cited:

Child Protection (Offenders Registration) Act 2000

Children’s (Criminal Proceedings) Act 1987

Court Suppression and Non-Publication Orders Act2010

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v AA [2017] NSWCCA 84

BM v R [2019] NSWCCA 223

R v KNL [2005] NSWCCA 260

RJA v R [2014] NSWCCA 89

R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434

Jolly v R [2013] NSWCCA 76

R v Gavel [2014] NSWCCA 56

R v Millwood [2012] NSWCCA 2

Lloyd v R [2022] NSWCCA 18

Paul Campbell v R [2018] NSWCCA 87

R v Andrew Button (a pseudonym) [2021] NSWDC 829

R v DT [2019] NSWDC 673

R v KL

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AGLC
R v SH [2024] NSWDC 104
Case
[2024] NSWDC 104
Decision Date

CaseChat Overview and Summary

In the matter of R v SH, the defendant faced charges relating to child sexual intercourse. The dispute was heard and determined by a court in Australia. The defendant pleaded guilty to the charge, leading to a sentencing hearing where the court was tasked with determining an appropriate sentence. The legal issues before the court included the appropriate penalty for the offence committed by a young person and the imposition of conditions under a community corrections order to ensure the rehabilitation of the offender and the protection of the community.

The court considered the principles of sentencing for young offenders, the need for rehabilitation, and the protection of the community. It was noted that the defendant had pleaded guilty, which was a mitigating factor. The court also took into account the defendant's age, the nature of the offence, and the risk of reoffending. The court ordered a non-publication order to protect the identities of the defendant and the victim. Instead of imposing a period of imprisonment, the court decided on a community corrections order for three years, considering it a more appropriate and rehabilitative approach.

The court imposed several conditions on the community corrections order, including compliance with ongoing counselling, potential referral to a sex offender treatment program, and prohibition from contacting the victim. The court also mandated visits to health professionals for mental health treatment and psychometric testing. The court further directed that the defendant would not be treated as a registrable person under the Child Protection (Offender's Registration) Act 2000. The orders reflect a balanced approach to sentencing that prioritises rehabilitation and community safety.

Orders

Orders of the court

(1) A non-publication order is made with respect to s 7 of the Court Suppression and Non-Publication Orders Act 2010. I direct that the names of the young person and the victim or any features which might be able to identify either party are to be suppressed.

(2) In respect of the charge to which you have pleaded guilty, you are convicted.

(3) Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act 1999, instead of imposing a period of imprisonment, you are ordered to comply with a community corrections order in place for 3 years commencing today.

(4) You must attend the Maitland Community Corrections Centre within seven days from today.

(5) The community corrections order will have the following conditions;

(a) You are not to commit any further offences.

(b) You must appear before the Court if called upon to do so at any time.

(c) For the period of the orders, or for any lesser period deemed appropriate, you must accept the supervision of the Department of Community Corrections and obey all reasonable directions of that service relating to ongoing counselling, including for mental health issues and if deemed necessary, a referral to an appropriate sex offender treatment program.

(d) You are not to assault, molest, interfere, stalk, contact or have anything to do with the victim in this matter.

(e) You must obey all reasonable directions of any treating health professional.

(f) You are to visit a general practitioner within 28 days as of today or as soon as possible for the purpose of obtaining a mental health treatment plan.

(g) You must visit a general practitioner within 28 days as of today or as soon as possible for the purpose of obtaining a referral for psychometric testing to assess any cognitive impairment or autism spectrum disorder.

(6) I make an order pursuant to section 3C(1) of the Child Protection (Offender's Registration) Act 2000 that the young person is not to be treated as a registrable person for the purposes of the Act.

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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