R v Tuckfield - [2019] NSWDC 954

District Court

New South Wales

Medium Neutral Citation: R v Tuckfield [2019] NSWDC 954
Hearing dates: 1 April 2019; 2 April 2019; 31 May 2019; 26 July 2019
Date of orders: 26 July 2019
Decision date: 26 July 2019
Jurisdiction: Criminal
Before: Wilson SC DCJ
Decision:
Full time custodial sentence imposed. Orders at [76].

Catchwords:
CRIME – sentence – aggravated sexual intercourse (>14<16 years) – s66(4) – Form 1 offence

Legislation Cited:
Crimes Act 1900 NSW s 66C
Crimes (Sentencing Procedure) Act 1999 NSW ss 5, 21A

Cases Cited:
DPP v De La Rosa [2010] NSWCCA 194
Markarian v The Queen [2005] HCA 25
RL v R [2018] NSWCCA 274
Tepania v R [2018] NSWCCA 247

Texts Cited:
None

Category: Sentence
Parties: Regina (ODPP)
Ryan Tuckfield (Offender)
Representation:
Counsel:
Ms Nicholson (ODPP)
Ms Court (Offender)
Solicitors:

File Number(s): 2018/56391
Publication restriction: Statutory prohibition on publication in relation to identity of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)

Judgment

Mr Tuckfield, hereafter referred to as ‘the Offender’, appears before the Court for sentencing, having pleaded guilty to a charge of aggravated sexual intercourse with a person between the ages of 14 and 16 years. The aggravation was by reason of the fact that the Victim was under the influence of alcohol at the time of the offending, in breach of s 66C(4) of the Crimes Act 1900 NSW and carries a maximum penalty of 12 years’, imprisonment together with a standard non parole period of 5 years.
There is an additional charge on a Form 1, which is to be taken into account in relation to the principal charge, is assault occasioning actual bodily harm, in breach of s 59(1) of the Crimes Act, carrying a maximum penalty of 5 years’ imprisonment, or 2 years in the Local Court. The matter on the Form 1 is to be taken into account with a view to increasing the penalty in relation to the principal charge, both by way of achieving deterrence and also to satisfy the community’s expectation of extracting retribution in relation to criminal conduct.
The offending occurred on a single day, on 23 January 2018. The Offender was arrested on 20 February 2018, and was in custody from 20 February 2018 through 25 January 2019, and then again in 2 April 2019 through 26 July 2019, a period of 398 days.
Madam Crown, I have got a note here the commencement date ought be 23 June 2018, is that correct?
NICHOLSON: Could your Honour just give me a moment.
HIS HONOUR: Yes, take your time. There was obviously a period where he was on remand prior to the guilty plea.
NICHOLSON: That’s right so there was that period from 20 February to 25 January 2019 that was spent on remand, and 2 April is the date that your Honour bail refused him after the guilty plea.
HIS HONOUR: Very well. Can you just double check the…

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 Tuckfield

Details

AGLC: R v Tuckfield [2019] NSWDC 954
Case: [2019] NSWDC 954
Decision Date: 26 July 2019

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Tuckfield addressed the sentencing of the defendant, Tuckfield, who had been found guilty of aggravated sexual assault. The victim, a 15-year-old girl, was subjected to severe and violent sexual abuse over a period of time. The court was tasked with determining the appropriate custodial sentence for Tuckfield, considering the gravity of the offences committed against a vulnerable victim.

The legal issues before the court involved the principles of sentencing for aggravated sexual assault. Key considerations included the nature and circumstances of the offence, the degree of violence, the impact on the victim, and the need for deterrence and denunciation. Additionally, the court had to balance the principles of rehabilitation against the imperative to protect the community.

The court found that the offences were of a high degree of moral blameworthiness and involved substantial violence, causing significant trauma to the victim. The court emphasised the importance of deterrence and denunciation in such cases, noting that a custodial sentence was necessary to reflect the seriousness of the crimes. After weighing various factors, the court determined that a full-time custodial sentence was warranted, with specific orders detailed in the judgment. The court imposed a sentence that aimed to balance the need for punishment, deterrence, and the potential for rehabilitation.

Orders

Orders of the court

Full time custodial sentence imposed. Orders at [76].

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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Medium Neutral Citation:	R v Tuckfield [2019] NSWDC 954
Hearing dates:	1 April 2019; 2 April 2019; 31 May 2019; 26 July 2019
Date of orders:	26 July 2019
Decision date:	26 July 2019
Jurisdiction:	Criminal
Before:	Wilson SC DCJ
Decision:	Full time custodial sentence imposed. Orders at [76].
Catchwords:	CRIME – sentence – aggravated sexual intercourse (>14<16 years) – s66(4) – Form 1 offence
Legislation Cited:	Crimes Act 1900 NSW s 66C Crimes (Sentencing Procedure) Act 1999 NSW ss 5, 21A
Cases Cited:	DPP v De La Rosa [2010] NSWCCA 194 Markarian v The Queen [2005] HCA 25 RL v R [2018] NSWCCA 274 Tepania v R [2018] NSWCCA 247
Texts Cited:	None
Category:	Sentence
Parties:	Regina (ODPP) Ryan Tuckfield (Offender)
Representation:	Counsel: Ms Nicholson (ODPP) Ms Court (Offender) Solicitors:
File Number(s):	2018/56391
Publication restriction:	Statutory prohibition on publication in relation to identity of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)