R v Steel - [2020] NSWDC 950

District Court

New South Wales

Medium Neutral Citation: R v Steel [2020] NSWDC 950
Hearing dates: Wednesday 29 January 2020
Date of orders: Wednesday 29 January 2020
Decision date: 29 January 2020
Jurisdiction: Criminal
Before: Tupman DCJ
Decision:
The offender is convicted of all offences.

Sentenced pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) to two partially accumulated aggregate sentences comprising an overall sentence of 6 years imprisonment with an aggregate non-parole period of 4 years.

Two offences on the Form 1 taken into account on one substantive offence.

Catchwords:
CRIME — Child sex offences — Historical child sex offences — Sexual intercourse with child >14 <16 — Indecent assault of a child >14 <16 — Circumstances of aggravation — Homosexual intercourse with a child >10 <18 — Sexual intercourse without consent – Offender incited victim to commit an act of gross indecency — Two victims — Offender was in a position of trust as Scouts leader of one victim — Offender offered victims drugs and alcohol — Offender made verbal threats to prevent victim from reporting assault — Fellatio — Anal rape — Guilty pleas on all counts after trial had commenced – Prior criminal history — Offender suffered from substance abuse disorder — Offender has achieved complete rehabilitation — Low risk of reoffending — No further criminal offending since 2001 — No further drug use since 2001 — Victim Impact Statement tendered for one victim and taken into account.

Legislation Cited:
Crimes Act 1900 (NSW): ss 61I, 61M(1), 78K, 78Q(2);
Crimes (Sentencing Procedure Act 1999 (NSW): ss 5, 25AA, 53A.

Cases Cited:
R v Cattell [2019] NSWCCA 297

Category: Sentence
Parties: Regina (The Queen)
Mr. Jeffrey Steven Steel (The Offender)
Representation: Counsel:
Mr. McCarthy (The Crown)
Mr. Gallagher (The Offender)

File Number(s): 2018/00189316

Judgment

HER HONOUR: The offender, Jeffrey Steel, is before the Court for sentence following his pleas of guilty to 7 substantive offences, with two offences to be taken into account as additional offences. Some of the offences fall within the general description of historical child sexual offences, and some of them fall within the description of historical sexual offences. All the offences occurred either in 1992 or 1998 and involve two separate victims.
The first group of four offences, involving the victim IC, occurred on or about 10 April 1992 at Narrabeen. They are counts 1 to 2 in an indictment dated 2 August 2019. The offender had been committed for trial on these offences and pleaded guilty after the trial had commenced. Specifically, they are the following:

Count 1

This is a charge of aggravated indecent assault occurring on or about 10 April 1992 at Narrabeen, the circumstance of aggravation being that the victim IC was then under 16, namely, 14. As an offence contrary to s 61M(1) of the Crimes Act 1900 (NSW), this carries a maximum penalty of 7 years’ imprisonment.

Count 2 & Count 3

These are charges that on or about 10 April 1992 at…

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 Steel

Details

AGLC: R v Steel [2020] NSWDC 950
Case: [2020] NSWDC 950
Decision Date: 29 January 2020

CaseChat Overview and Summary

The case of R v Steel involved the defendant, Steel, who was charged with multiple child sex offences involving two victims. The case was heard in the Supreme Court of New South Wales. The charges included sexual intercourse with a child over the age of 14 but under 16, indecent assault of a child over 14 but under 16, and homosexual intercourse with a child over 10 but under 18. The circumstances of the offences involved the offender inciting the victim to commit an act of gross indecency, making verbal threats to prevent the victim from reporting the assault, and offering the victims drugs and alcohol. Steel was in a position of trust as a Scouts leader for one of the victims.

The legal issues before the court included the applicability of the guilty pleas entered by Steel after the trial had commenced, the circumstances of aggravation, and the relevance of Steel’s prior criminal history and rehabilitation efforts. The court was also required to consider the low risk of reoffending and the absence of further criminal offending since 2001.

The court found Steel guilty on all counts after considering the evidence and the guilty pleas. In sentencing, the court imposed a partially accumulated aggregate sentence under section 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW). The overall sentence was 6 years imprisonment with a non-parole period of 4 years. The court took into account two offences on the Form 1, treating them as one substantive offence. This decision was based on the gravity of the offences, the aggravating factors, and Steel's history and rehabilitation.

Orders

Orders of the court

The offender is convicted of all offences.

Sentenced pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) to two partially accumulated aggregate sentences comprising an overall sentence of 6 years imprisonment with an aggregate non-parole period of 4 years.

Two offences on the Form 1 taken into account on one substantive offence.

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 Steel [2020] NSWDC 950
Hearing dates:	Wednesday 29 January 2020
Date of orders:	Wednesday 29 January 2020
Decision date:	29 January 2020
Jurisdiction:	Criminal
Before:	Tupman DCJ
Decision:	The offender is convicted of all offences. Sentenced pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) to two partially accumulated aggregate sentences comprising an overall sentence of 6 years imprisonment with an aggregate non-parole period of 4 years. Two offences on the Form 1 taken into account on one substantive offence.
Catchwords:	CRIME — Child sex offences — Historical child sex offences — Sexual intercourse with child >14 <16 — Indecent assault of a child >14 <16 — Circumstances of aggravation — Homosexual intercourse with a child >10 <18 — Sexual intercourse without consent – Offender incited victim to commit an act of gross indecency — Two victims — Offender was in a position of trust as Scouts leader of one victim — Offender offered victims drugs and alcohol — Offender made verbal threats to prevent victim from reporting assault — Fellatio — Anal rape — Guilty pleas on all counts after trial had commenced – Prior criminal history — Offender suffered from substance abuse disorder — Offender has achieved complete rehabilitation — Low risk of reoffending — No further criminal offending since 2001 — No further drug use since 2001 — Victim Impact Statement tendered for one victim and taken into account.
Legislation Cited:	Crimes Act 1900 (NSW): ss 61I, 61M(1), 78K, 78Q(2); Crimes (Sentencing Procedure Act 1999 (NSW): ss 5, 25AA, 53A.
Cases Cited:	R v Cattell [2019] NSWCCA 297
Category:	Sentence
Parties:	Regina (The Queen) Mr. Jeffrey Steven Steel (The Offender)
Representation:	Counsel: Mr. McCarthy (The Crown) Mr. Gallagher (The Offender)
File Number(s):	2018/00189316