R v Shackfield (a pseudonym)

Case [2020] NSWDC 939


District Court


New South Wales

Medium Neutral Citation: R v Shackfield (a pseudonym) [2020] NSWDC 939
Hearing dates: 11 March 2020
Date of orders: 13 March 2020
Decision date: 13 March 2020
Jurisdiction:Criminal
Before: P Taylor SC DCJ
Decision:

The offender is convicted of the offence of committing an act of indecency with a child under the age of 16 years. He is sentenced to a term of imprisonment of nine months with a non-parole period of six months. The term of imprisonment will commence today and end on 12 December 2020. The non-parole period will conclude on 12 September 2020.

Catchwords:

CRIME — Sexual offences — Act of indecency – Child under the age of 16 years – 5-year-old

SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victim - Vulnerable victim

SENTENCING — Mitigating factors - Good character - No record of previous convictions - Unlikely to re-offend – Rehabilitation - Remorse - Plea of guilty

Legislation Cited:

Crimes Act 1900, s 61E

Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 9, s 21A, s 25D, s 67

Cases Cited:

AJB v R (2007) 169 A Crim R 32

Bonwick v R [2010] NSWCCA 177

Cameron v The Queen (2002) 209 CLR 339

Clarkson v R; EJA v R [2011] VSCA 157; (2011) 32 VR 361

Hili v The Queen (2010) 242 CLR 520

Kutchera v R [2007] NSWCCA 121

Mill v The Queen (1988) 166 CLR 59

MLP v R [2006] NSWCCA 271

PWB v R [2011] NSWCCA 84

R v (1998) 99 A Crim R 297

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

R v Baxter (Court of Criminal Appeal (NSW), 26 May 1994, unrep)

R v Donald [2013] NSWCCA 238

R v H (1980) 3 A Crim R 53

R v Hudson (Court of Criminal Appeal (NSW), 30 July 1998, unrep)

R v KNL (2005) 154 A Crim R 268

R v MJR (2002) 54 NSWLR 368

R v O’Sullivan (Court of Criminal Appeal (NSW), 20 October 1989, unrep)

R v Oliver (1980) 7 A Crim R 174

R v PGM (2008) 187 A Crim R 152

R v PLV (2001) 51 NSWLR 736

R v PWH2 (Court of Criminal Appeal (NSW), 20 February 1992, unrep)

R v Roberts [2003] NSWCCA 309

RH v R [2009] NSWCCA 161

Veen (No 2) (1988) 164 CLR 465

Wright v R [2008] NSWCCA 91

Category:Sentence
Parties: Regina
Roger Otis Shackfield (a pseudonym) (Offender)
Representation:

Counsel:
Mr Edwards (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
File Number(s): 2018/00183337
Publication restriction: Section 578A(2) of the Crimes Act 1900 applies to this matter - no publication of any matter which identifies the complainant or may lead to the identification of the complainant. Section 15A(1) Children (Criminal Proceedings) Act 1987 applies to this matter - the name of the victim must not be published or broadcast in a…

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AGLC
R v Shackfield (a pseudonym) [2020] NSWDC 939
Case
[2020] NSWDC 939
Decision Date

CaseChat Overview and Summary

The case of R v Shackfield involves an individual who was charged with the crime of committing an act of indecency with a child under the age of 16 years. The victim, a 5-year-old, was subjected to these acts while in the care of the offender. The case was heard in a court of appropriate jurisdiction. The offender was convicted and sentenced following the trial.

The court was tasked with determining several legal issues, including the presence of aggravating factors that might warrant a harsher sentence. Notably, the offender had abused a position of trust or authority in relation to the victim, which is a significant aggravating factor. The court also considered mitigating factors, such as the offender's previously good character, lack of prior convictions, and indications of remorse and a low likelihood of re-offending. These factors were weighed against the gravity of the offence and the vulnerability of the victim.

In rendering its decision, the court found that the aggravating factors significantly outweighed the mitigating factors. The abuse of trust and the young age of the victim were particularly impactful. However, the court acknowledged the offender's remorse and the absence of a criminal record. Ultimately, the court sentenced the offender to a term of imprisonment of nine months, with a non-parole period of six months. The sentence was designed to balance the need for punishment with the potential for rehabilitation.

The court ordered that the offender is to commence their term of imprisonment immediately, with the sentence set to conclude on 12 December 2020. The non-parole period, which is the minimum time the offender must serve before becoming eligible for parole, was set to end on 12 September 2020. This decision reflects the court's intent to protect the community and ensure that the offender serves a sufficient period of incarceration, while also considering the possibility of rehabilitation and reduced risk of re-offending.

Orders

Orders of the court

The offender is convicted of the offence of committing an act of indecency with a child under the age of 16 years. He is sentenced to a term of imprisonment of nine months with a non-parole period of six months. The term of imprisonment will commence today and end on 12 December 2020. The non-parole period will conclude on 12 September 2020.

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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