R v Williams (No.2)

[2024] NSWDC 9

District Court

New South Wales

Medium Neutral Citation:

R v Williams (No.2) [2024] NSWDC 9

Hearing dates:

2 February 2024

Date of orders:

2 February 2024

Decision date:

02 February 2024

Jurisdiction:

Criminal

Before:

Abadee DCJ

Decision:

Aggregate imprisonment 8 years, 3 months; non-parole period of 5 years

Catchwords:

CRIMINAL LAW – sentencing – historical child sex offences – indecent assault and buggery

Legislation Cited:

Crimes Act 1900 (NSW), ss 61C, 79 & 81 (since repealed), 61KD, 66C

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 25AA(3)

Cases Cited:

R v Cattell [2019] NSWCCA 297

R v Gavel [2014] NSWCCA 56

R v Williams [2023] NSWDC 490

R v Totten [2003] NSWCCA 207

Category:

Sentence

Parties:

Rex (Crown)
Karl Williams (Offender)

Representation:

Counsel:
Mr B Queenan for the Crown
Ms R Court for the offender

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Benjamin Leonardo – The Defenders (offender)

File Number(s):

2022/36557

Publication restriction:

Non-publication of the victim’s name and the names of others who might tend to disclose the victim’s name

EX TEMPORE REMARKS ON SENTENCE

Introduction

1. On 27 October 2023 I delivered my reasons for verdicts of guilty in a trial by judge alone and convicted Mr Karl Williams (the offender) of four counts (counts 12-14 (incl) and 16) of indecent assault and one count (count 15) of buggery. Those reasons have since been published (R v Williams [2023] NSWDC 490). He is now before the Court for sentencing. All of the offending occurred against a single victim.

2. The victim was a young boy at the times of the offending. The victim has subsequently changed name and gender. As a courtesy to the victim, where it is necessary and practicable to do so, and whilst recognising potential confusion to any reader of these remarks, I propose to refer to the victim by her currently preferred pronoun except where it is necessary to refer to the victim at a point in time when the victim identified with the male gender.

3. It is pertinent to point out that I acquitted the offender on eleven other counts on the indictment (three being by directed verdicts); some of which involved a different victim.

4. The offences of indecent assault were (at the time) contrary to s 81 of the Crimes Act 1900 (NSW). The maximum penalty for that offence was 5 years’ imprisonment. The offence of buggery was contrary to s 79 of the Crimes Act. The maximum penalty for that offence was 14 years’ imprisonment. There were no standard non-parole periods for either offence.

5. Following the convictions, the offender was detained following a successful Crown detention application.

Circumstances of the offending and assessing the objective gravity of the offending

6. The following facts are substantially based upon the victim’s evidence at the trial.

7. The offender was born in August 1950. He was a long term friend of MS. MS is the father of the victim.

8. The victim was born in May 1975. The victim was placed in foster…