District Court
New South Wales
Medium Neutral Citation: R v Walkerden [2019] NSWDC 881 Hearing dates: 7 November 2019 Decision date: 07 November 2019 Jurisdiction: Criminal Before: Haesler DC DCJ Decision: Aggregate sentence of 3 years with a non parole period of 1 year 6 months
Catchwords: SENTENCING - Indecent assault of a child - sexual intercourse with a child – multiple victims
SENTENCING - Relevant factors on sentence – child victims - victim impact – old offences - applicable maximum penalties - application of principle - intellectually disabled offender - no other offending.Legislation Cited: Children (Criminal Proceedings) Act
Crimes Act
Crimes (Sentencing Procedure) Act 1999Cases Cited: AJB v R (2007) 169 A Crim R 32
Cahyadi v R [2007] NSWCCA 1 (2007); 168 A Crim R 41
Kutchera v R [2007] NSWCCA 121
Markarian v The Queen [2005] HCA 5; (2005) 228 CLR 357
MJR v R (2002) 54 NSWLR 368
Postiglione v The Queen (1997) 189 CLR 295
Wright v R [2008] NSWCCA 91Category: Sentence Parties: Michael Walkerden (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr S Fraser, Public Defender (for the offender)
Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions
Legal Aid NSW (for the offender)
File Number(s): 2018/00082942 Publication restriction: Pseudonyms have been used in this judgment for the names the child victims. Pursuant to s15A Children (Criminal Proceedings) Act 1987 & s578A Crimes Act 1900, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute.
SENTENCE – ex tempore revised
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Pseudonyms have been used for the names of the child victims. Pursuant to s 15A Children (Criminal Proceedings) Act and 57(8)(a) Crimes Act there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of any child. Identifying information has been removed from this version of the judgment to comply with the statute.
Introduction
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Michael Walkerden has pleaded guilty to two very serious offences- aggravated indecent assault of a child under the age of 16 and sexual intercourse with a person between 10 and 16. The offences occurred in the later 1990s. Aggravated indecent assault of a child then carried a maximum penalty of seven years: s 61M Crimes Act 1900. Sexual intercourse with a person between 10 and 16 then carried the maximum penalty of eight years imprisonment: s 66C(1) Crimes Act.
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When I deal with Walkerden in relation to each offence he has asked that I take into account that he committed another offence against each of his child victims. In all the circumstances it is reasonable I do so: s33 Crimes (Sentencing Procedure) Act 1999.
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Walkerden has an intellectual disability assessed as being in the borderline range. The term borderline is not a measure as against all others…
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- AGLC
- R v Walkerden [2019] NSWDC 881
- Case
- [2019] NSWDC 881
- Decision Date
CaseChat Overview and Summary
In determining the sentence, the court considered the significant harm caused to the victims, their young age, and the long-term psychological impact of the abuse. The court acknowledged the appellant's intellectual disability and the absence of any prior criminal record as mitigating factors. The judge also recognised the principle that the punishment should fit the crime, while also considering the appellant's potential for rehabilitation. The court concluded that the appropriate sentence should reflect the gravity of the offences and ensure public safety, while also taking into account the appellant's circumstances.
The Supreme Court of Victoria imposed an aggregate sentence of three years imprisonment, with a non-parole period of one year and six months. The court found that this sentence appropriately balanced the need for punishment, deterrence, and rehabilitation, while also considering the specific circumstances of the case and the interests of the victims. The final orders were made accordingly.
Orders
Orders of the court
Aggregate sentence of 3 years with a non parole period of 1 year 6 months
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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