District Court
New South Wales
Medium Neutral Citation: R v Williams (a pseudonym) (No 2) [2021] NSWDC 12 Hearing dates: 17 December 2020 Decision date: 11 February 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 13 years 6 months with a non - parole period of 9 years.
Catchwords: CRIME – Sexual Assault & commit act of indecency - sexual intercourse with person 10 or over & under 16 - aggravated sex assault victim under the age of 16 years- three complainants
SENTENCING — Relevant factors on sentence — three complainant’s – course of conduct- period were he did not offend- offences against younger brother- offences against female children - exploitation of relationships between offender and child complainants - grooming – sexual assault after assuming parental responsibilities - ill-health can mitigate punishment – unsworn statements to psychologist carry little weight- opinion of professional psychologist still of value- stale crimes but no progress toward rehabilitation - principle of totality- impact on complainants - victim vindication.
Legislation Cited: Children (Criminal Proceedings) Act 1987
Crimes Act 1900
Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Attorney General’s Application No. 1 (2002) 56 NSWLR 146
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
DPP (C’th) v Beattie [2017] NSWCCA 301
Hili v The Queen (2010) 242 CLR 520
Kristensen v R [2018] NSWCCA 189
Magnuson v R [2013] NSWCCA
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Muldrock v The Queen (2011) 244 CLR 120
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Burrell (2000) 114 A Crim R 207
R v Clinch (1994) 72 A Crim R 301 at 306
R v L, unreported, NSWCCA, 17/6/96
R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159
RvTodd [1982] 2 NSWLR 517
R v Williams(a pseudonym) [2020] NSWDC 836
Texts Cited: Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report, Impacts, Volume 3, pages 9 - 11.
Category: Sentence Parties: Scott Williams (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr Z Khan (for the offender)
Ms N Keay, Crown Prosecutor
Legal Aid NSW (for the offender)
File Number(s): 2018/88052; 2018/311339; 2018/287604; Publication restriction: Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act 1900 there is to be no publication of a complainant’s name or anything that may…
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- AGLC
- R v Williams (a pseudonym) (No 2) [2021] NSWDC 12
- Case
- [2021] NSWDC 12
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the appropriate weight to be given to the respondent's unsworn statements to a psychologist, the impact of the respondent's ill health on the sentence, and the value of the professional psychologist's opinion. Additionally, the court had to consider the exploitation of relationships, the grooming of the victims, and the principle of totality in sentencing, which requires that the totality of the sentence should reflect the totality of the offending behaviour. The court also had to weigh the impact on the complainants and the need for victim vindication.
In delivering its decision, the court held that the unsworn statements to the psychologist carried little weight, but the opinion of the professional psychologist was still of significant value. The court found that the respondent's ill health could mitigate the punishment but noted that there had been no progress towards rehabilitation. The court emphasised the importance of considering the impact on the complainants and the need for victim vindication. Applying the principle of totality, the court determined that an aggregate sentence of 13 years and 6 months, with a non-parole period of 9 years, was appropriate.
The court ordered that the respondent be sentenced to an aggregate term of imprisonment of 13 years and 6 months, with a non-parole period of 9 years. This sentence reflects the seriousness of the offences, the impact on the complainants, and the need for victim vindication, while also taking into account the relevant mitigating and aggravating factors.
Orders
Orders of the court
Aggregate sentence of 13 years 6 months with a non - parole period of 9 years.
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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