R v Stevenson (No 2) - [2019] NSWDC 611

District Court

New South Wales

Medium Neutral Citation: R v Stevenson (No 2) [2019] NSWDC 611
Hearing dates: 2 August 2019
Decision date: 02 August 2019
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
See [78] – [80]

Catchwords:
SENTENCING - old offences - indecent assault male - procure indecent assault - procure indecent act with male - multiple child complainants - disclosure to Royal Commission into institutional response to child sexual abuse - applying s 25AA Crimes (Sentencing Procedure) Act 1999 - current and past sentencing practice - common law principles still apply - proper approach to sentencing
SENTENCING - relevant factors on sentence - long delay - custodial sentences required - impact of child sexual assault on complainants – Victim Impact Statements – remorse – voluntary cessation of criminal activity – low future risk – youth at time of offending – ill health – vulnerability in custody – special circumstances.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Child Welfare Act 1939
Cases Cited: AJB v R (2007) 169 A Crim R 32
Attorney General's Application No 1 [2002] 56 NSWLR 146
DM v R [2005] NSW CCA 181
Hoare v The Queen (1989) 167 CLR
Kutchera v R [2007] NSWCCA 121
Mill v The Queen (1988) 166 CLR 59
Moon v R [2000] NSWCCA 534; (2000) 117 A Crim R 497
MPB v R [2013] NSWCCA 213
R v Burns [2007] NSWCCA 228
R v Fisher (1989) 40 A Crim R 442
R v Herring (1956) 73 WN (NSW) 203
R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Sellen (1991) 57 A Crim R 313
R v Stevenson [2019] NSWDC 232
R v Thomson NSWCCA, unreported, 18/6/96
R v Todd [1982] 2 NSWLR 517
Ryan v The Queen (2001) 206 CLR 267
Texts Cited: I. Potas, Sentencing Violent Offenders in NSW, Law Book Co, 1980.
Category: Sentence
Parties: Warwick Allan Stevenson (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr S Fraser, Public Defender (for the offender)
Ms A Hughes, Solicitor Advocate, Director of Public Prosecutions
Solicitors:
Morrisons Law (for the offender)

File Number(s): 2017/00212500; 2018/00128255.
Publication restriction: The complainants are referred to in this judgment by pseudonyms. The name of the complainants are not to be published, nor is any other material that could lead to the identification of the complainants: s578A of the Crimes Act 1900; s15A Children (Criminal Proceedings) Act 1987.

Judgment sentence ex tempore revised

INTRODUCTION

A notification from the Royal Commission into the Institutional Response to Child Sexual Abuse led to investigations into allegations a number of boys had been indecently assaulted in the 1970s by Warwick Stevenson, the offender. Stevenson was a youth leader with the Church of England Boys Society (CEBS) in southern New South Wales.
Statements were taken from eight men about incidents said to have occurred at CEBS between 1971 and 1979. In 2016 a number of charges were laid in relation to the eight complainants. Stevenson said he was not guilty…

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 Stevenson (No 2)

Details

AGLC: R v Stevenson (No 2) [2019] NSWDC 611
Case: [2019] NSWDC 611
Decision Date: 02 August 2019

CaseChat Overview and Summary

The case of R v Stevenson (No 2) involved the defendant, Stevenson, who was convicted of multiple offences of indecent assault against male children. The proceedings took place in the appropriate Australian court, which dealt with serious criminal matters. The dispute centred on the appropriate sentence for Stevenson, taking into account the nature of the offences, the number of victims, and various factors impacting the sentencing process.

The primary legal issue was determining the appropriate sentence for Stevenson, considering the statutory provisions under the Crimes (Sentencing Procedure) Act 1999, particularly section 25AA, and the common law principles of sentencing. The court was required to weigh various factors, including the delay in bringing the case to trial, the impact of the offences on the victims, Stevenson's remorse, his voluntary cessation of criminal activity, and his health and vulnerability issues.

In its reasoning, the court noted that despite the age of the offences, the statutory provisions and common law principles still applied. The court emphasised that custodial sentences were necessary due to the gravity of the crimes. It considered the profound impact of the assaults on the victims, as evidenced by the Victim Impact Statements, and Stevenson's lack of remorse. However, it also took into account his voluntary cessation of criminal activity, low risk of reoffending, youth at the time of the offences, health issues, and vulnerability in custody. The court concluded that these factors warranted a degree of mitigation.

The final orders of the court were detailed in the specified paragraphs, which outlined the specific sentence to be imposed on Stevenson. The court's decision balanced the need for punishment and deterrence with the mitigating factors presented, reflecting a careful and considered approach to sentencing in cases involving serious sexual offences against children.

Orders

Orders of the court

See [78] – [80]

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

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Medium Neutral Citation:	R v Stevenson (No 2) [2019] NSWDC 611
Hearing dates:	2 August 2019
Decision date:	02 August 2019
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	See [78] – [80]
Catchwords:	SENTENCING - old offences - indecent assault male - procure indecent assault - procure indecent act with male - multiple child complainants - disclosure to Royal Commission into institutional response to child sexual abuse - applying s 25AA Crimes (Sentencing Procedure) Act 1999 - current and past sentencing practice - common law principles still apply - proper approach to sentencing SENTENCING - relevant factors on sentence - long delay - custodial sentences required - impact of child sexual assault on complainants – Victim Impact Statements – remorse – voluntary cessation of criminal activity – low future risk – youth at time of offending – ill health – vulnerability in custody – special circumstances.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Child Welfare Act 1939
Cases Cited:	AJB v R (2007) 169 A Crim R 32 Attorney General's Application No 1 [2002] 56 NSWLR 146 DM v R [2005] NSW CCA 181 Hoare v The Queen (1989) 167 CLR Kutchera v R [2007] NSWCCA 121 Mill v The Queen (1988) 166 CLR 59 Moon v R [2000] NSWCCA 534; (2000) 117 A Crim R 497 MPB v R [2013] NSWCCA 213 R v Burns [2007] NSWCCA 228 R v Fisher (1989) 40 A Crim R 442 R v Herring (1956) 73 WN (NSW) 203 R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Sellen (1991) 57 A Crim R 313 R v Stevenson [2019] NSWDC 232 R v Thomson NSWCCA, unreported, 18/6/96 R v Todd [1982] 2 NSWLR 517 Ryan v The Queen (2001) 206 CLR 267
Texts Cited:	I. Potas, Sentencing Violent Offenders in NSW, Law Book Co, 1980.
Category:	Sentence
Parties:	Warwick Allan Stevenson (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr S Fraser, Public Defender (for the offender) Ms A Hughes, Solicitor Advocate, Director of Public Prosecutions Solicitors: Morrisons Law (for the offender)
File Number(s):	2017/00212500; 2018/00128255.
Publication restriction:	The complainants are referred to in this judgment by pseudonyms. The name of the complainants are not to be published, nor is any other material that could lead to the identification of the complainants: s578A of the Crimes Act 1900; s15A Children (Criminal Proceedings) Act 1987.