R v Woods, Jacob

[2008] NSWDC 177

CITATION:	R v Woods, Jacob [2008] NSWDC 177
HEARING DATE(S):	09/04/08
JUDGMENT DATE:	2 June 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Convicted on all counts. Overall sentence amounts to aprox 6years; overall non parole period amounts to 4 years.
CATCHWORDS:	Criminal Law - Sentencing - Sexual intercourse and other offences - prepubescent male victims (x3) - 10 episodes of offending - offending period 2 years - Aboriginal community - assessing mid-range of seriousness - fiarearm ofences - .22 calibre rifle - faulty working condition - unlicenced - strong subjectibve circumstances.
LEGISLATION CITED:	Firearms Act 1996
CASES CITED:	Gladue v The Queen (1999) 1 SCR 688 [80] R v Rushby (1977) NSWLR 597 R v Hayes [1984] 1 NSWLR 740 R v Cuthbert (1967) 2 NSWR 329
PARTIES:	Regina Jacob Woods
FILE NUMBER(S):	07/61/0100
COUNSEL:	J Thompson for Offender
SOLICITORS:	Mr J. May ODDP Dubbo for Crown

JUDGMENT

1. Most adults have an interest in forming and pursuing sexual attraction to another person or persons. In general this interest is of no great moment to the criminal law. There are at least two crucial exceptions to this proposition; where there is an absence of consent the criminal law regards persistent pursuit of such an interest as anti-social conduct of such a degree that it amounts to criminal behaviour.

2. The second exception relates to children under sixteen and others of equivalent status, who are psycho-sexually immature lacking understanding of sexual options and appreciation of the significance and consequences of sexual relations whether casual or long established. As a child matures and comes to some understanding of the inequality of personal sophistication between himself and the adult, the power imbalance that existed between them, the measure of inappropriateness of sexual contact between them and the self-centred sexual greed and avarice of the adult in taking such advantage of the child, whatever pleasure that child may initially have taken from the experience can and should turn to resentment, outrage and a justified feeling of sexual exploitation and defilement. Equally, the criminal law regards the sexual exploitation of children and vulnerable adults as abhorrent anti-social behaviour of a high order.

3. There is little doubt that Jacob Charles Woods long before 16 January realised the abhorrent anti-social nature of his sexual relations with three of Bourke’s young Aboriginal boys; NB born 1995, DG born 1996 and ME born 1998. By January 5 2007 police were aware he had been showing pornographic videos to young Aboriginal boys and suspected him of having indecent dealings with NB. Police searched his premises. Items of interest to them were a .22 calibre rifle, ammunition and pornographic videocassettes. Police found material confirming their interests in these items was well founded.

4. They also found a suicide note. Among its contents was recognition by Woods that he required help, needed counselling services and expression of remorse, “for doing it”. A suicide attempt shortly before the search had failed because of a mechanical fault in the rifle. There…