District Court
New South Wales
Medium Neutral Citation: R v Van Ryn [2019] NSWDC 164 Hearing dates: 03 May 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is convicted and sentenced to 9 years imprisonment, commencing on 10 April 2020.
Catchwords: CRIME — Child sex offences — Sexual intercourse with child >14 <16 — Circumstances of aggravation
SENTENCING — Relevant factors on sentence — Totality
SENTENCING — Subjective considerations on sentence — Extra curial punishmentLegislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900Cases Cited: Blanco v R [1999] NSWCCA 121
EG v R [2015] NSWCCA 21
Mill v R [1988] HCA 70
R v Holder; R v Johnson [1983] 3 NSWLR 245
R v Schwabegger [1998] 4 VR 649
R v Van Ryn (No 3) [2016] NSWCCA 307
R v Van Ryn [2016] NSWCCA 1
R v Wilhelm [2010] NSWSC 378
R v Wran [2016] NSWSC 1015
RWB v R [2010] NSWCCA 147
Sabra v R [2015] NSWCCA 38Texts Cited: Royal Commission into Institutional Response to Child Sex Abuse Category: Sentence Parties: Regina (Crown)
Maurice Van Ryn (Offender)Representation: Counsel:
Solicitors:
Mr M Fox (Crown)
Mr C Heazlewood (Offender)
Solicitor for Director of Public Prosecutions (Crown)
David Griffiths Lawyers (Offender)
File Number(s): 2018/00253524 Publication restriction: Names of Victims, Neighbours; Locations of residence of Offender other than State, Location of Current residence of victim (other than ‘interstate’), Location of place of offences other than State.
Judgment
INTRODUCTION
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Maurice Van Ryn appears for sentence. He has pleaded guilty to four charges contrary to s 66C(4) of the Crimes Act where he engaged in aggravated sexual intercourse with a person between 14 and 16.
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The charges are;
That between 1 December 2010 and 1 February 2011, in the State of New South Wales, the offender had sexual intercourse with AZ, AZ being a person above the age of 14 years and under the age of 16 years, namely 14 years, in circumstances of aggravation, namely that the complainant was under the authority of the offender;
That between 1 January 2011 and 31 December 2011, in the State of New South Wales, the offender did have sexual intercourse with AZ, AZ being a person above the age of 14 years and under the age of 16 years, namely 14 years, in circumstances of aggravation, namely that the complainant was under the authority of the offender;
That between 30 May 2011 and 30 May 2012, in the State of New South Wales the offender had sexual intercourse with AZ, AZ being a person above the age of 14 years and under the age of 16 years, namely 15 years, in circumstances of aggravation, namely that the complainant was under the authority of the offender;
That between 30 May 2011 and 30 May 2012, in the State of New South Wales, the offender had sexual intercourse with AZ, AZ being a person above the age of 14 years and under…
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- AGLC
- R v Van Ryn [2019] NSWDC 164
- Case
- [2019] NSWDC 164
- Decision Date
CaseChat Overview and Summary
The court addressed the nature of the crime and the appellant's culpability, highlighting the serious breach of trust and the significant impact on the victim. It was noted that while the victim was over the age of fourteen, the relationship dynamics and the appellant's position of authority were critical factors in the sentencing. The court emphasised the need to ensure that the sentence reflected the severity of the crime and provided adequate deterrence. The court also took into account the appellant's remorse and the extra-curial punishment already endured, including the loss of employment and social ostracism.
Considering all these factors, the court determined that a sentence of nine years imprisonment was appropriate. The court highlighted that this sentence balanced the need for punishment, deterrence, and the possibility of rehabilitation. The sentence also adhered to the principle of totality, ensuring that the overall punishment was proportionate to the gravity of the offence. The court ordered that the sentence commence on 10 April 2020.
Orders
Orders of the court
The offender is convicted and sentenced to 9 years imprisonment, commencing on 10 April 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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