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
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
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 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 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 PWH2 (Court of Criminal Appeal (NSW), 20 February 1992, unrep)
Veen (No 2) (1988) 164 CLR 465
Category: Sentence Parties: Regina
Roger Otis Shackfield (a pseudonym) (Offender)Representation: Counsel:
Solicitors:
Mr Edwards (Offender)
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 Section 15A(1) Children (Criminal Proceedings) Act 1987 applies to this matter - the name of the victim must not be published or broadcast in a…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 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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