District Court
New South Wales
Medium Neutral Citation: R v Thompson [2022] NSWDC 483 Hearing dates: 09 June 2022
19 August 2022Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: The offender is sentenced to a period of full-time imprisonment of 3 years and 4 months with a non-parole period of 1 year and 8 months.
Catchwords: SENTENCING – plea of guilty – historical child sexual assault – first offence – mental illness – impact of mental illness on moral culpability
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Evidence Act 1995 (NSW)
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002
Markarian v The Queen [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120
R v Edwards (1996) 90 A Crim R 510
Category: Sentence Parties: Regina (Crown)
Elvira Rosas Thompson (Offender)Representation: Counsel:
Solicitors:
M Juhasz (Offender)
R Stefani (ODPP) (Crown)
A Sinclair (Ryan Payten Le) (Offender)
File Number(s): 2020/0049122 Publication restriction: Non-publication order in respect of the victim or any information that may tend to identify them.
Judgment
-
The offender Elvira Rosas Thompson, born in 1953, is before the court for sentence for one count of sexual intercourse with a person under the age of 10 years, contrary to section 66A of the Crimes Act 1900 (the Crimes Act) for which the maximum penalty is 20 years and for which there is no standard non-parole period.
-
The offender also asks me to take a matter on a Form 1 into account which is a further offence of sexual intercourse with a person under the age of 10 years contrary to section 66A of the Crimes Act.
Agreed Facts
-
The agreed facts are as follows.
-
The victim in this matter, LM, was born in the Philippines in 1978. LM’s mother is the offender’s cousin. The victim knew the offender as “Aunt Elvira”.
-
In about 1983, when the victim was 5 years of age, she moved to Australia with her family. The offender picked them up from the airport.
Offending
-
Sometime in 1987, when the victim was aged 8 or 9, she went to stay with the offender during the school holidays. The offender was living in a studio apartment in Potts Point, and worked nearby as a house-keeper at a hotel. The victim slept on a fold-out bed when she stayed with the offender.
-
During the time LM stayed with the offender, the victim was on the fold-out bed wearing a nighty and underwear. The offender was at the end of the bed. The offender pulled the victim’s underwear off. The offender told the victim she would “like it” before performing oral sex on her. The offender pushed her tongue…
Continue reading R v Thompson
Sign in free to access the full text
- AGLC
- R v Thompson [2022] NSWDC 483
- Case
- [2022] NSWDC 483
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate sentence for Thompson, taking into account his guilty plea, the gravity of the offence, and the impact of his mental illness. The court needed to balance the need for denunciation and deterrence with the circumstances of the offender and the circumstances of the offence. It was also necessary to consider the non-parole period, which would reflect the seriousness of the crime and provide a measure of protection for the community.
In delivering the judgment, the court acknowledged the gravity of the offence and the need for denunciation and deterrence. It noted Thompson's guilty plea and the fact that this was his first offence. The court also considered the impact of Thompson's mental illness, which, while not excusing the offence, was taken into account in assessing his moral culpability. Ultimately, the court sentenced Thompson to a period of full-time imprisonment of 3 years and 4 months, with a non-parole period of 1 year and 8 months. The court emphasised the importance of protecting the community and ensuring that Thompson receives appropriate treatment during his imprisonment.
Orders
Orders of the court
The offender is sentenced to a period of full-time imprisonment of 3 years and 4 months with a non-parole period of 1 year and 8 months.
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.