R v Young (a pseudonym) - [2020] NSWDC 303

District Court

New South Wales

Medium Neutral Citation: R v Young (a pseudonym) [2020] NSWDC 303
Hearing dates: 11 May 2020
Decision date: 12 June 2020
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Aggregate term of imprisonment of 20 years with a non parole period of 15 years.

Catchwords: CRIME - SENTENCE - commit act of indecency on a person under 10 years of age - sexual intercourse with a person under 10 years of age - sexual intercourse with a person between 10 and 16 years of age, whilst under authority - aggravated sexual assault with a person under 16 years of age - procuring a child under 14 years of age for unlawful sexual activity - using a child under 14 years of age to make child abuse material - indecent assault on a person under 16 years of age -possessing child abuse material
Legislation Cited: Crimes Act 1900 (NSW): ss 61J, s61M(2), s61O(2), s66A, 66EB(2), s91G(1)(a) and 91H(2.)
Cases Cited: R v BJW [2000] NSWCCA 60; R v Fisher (1989) 40 A Crim R 442
Category: Sentence
Parties:
Regina (Crown)
Mr Young (a pseudonym) (Offender)
Representation:
Ms A.Brown (ODPP Campbelltown)
Mr Funnell (Counsel for the offender)

File Number(s): 2018/13305
Publication restriction: Non publication order made of the names of the (x2) victims and the name of the offender and any other information which might directly or indirectly identify any of them

Judgment

Mr Young, you appear for sentence today in relation to thirteen principal offences, six of which you committed in the period 1997 to 2002. They involve the first victim. The balance you committed in the period 2014 to 2017. They involve the second victim.
One of the offences is committing an act of indecency on a person under 10 years of age. This involves a contravention of s61O(2) of the Crimes Act. The maximum penalty for that offence is 7 years imprisonment. There is no standard non-parole period.
One of the offences is sexual intercourse with a person under 10 years of age. This involves a contravention of s66A of the Crimes Act. The maximum penalty for that offence is 20 years imprisonment. There is no standard non-parole period.
Four of the offences are sexual intercourse with a person between 10 and 16 years of age, whilst under authority. These involve contraventions of s66C(2) of the Crimes Act. The maximum penalty for each offence is 10 years imprisonment. There is no standard non-parole period.
Three of the offences are aggravated sexual assault with a person under 16 years of age. These involve contraventions of s61J of the Crimes Act. The maximum penalty for each offence is 20 years imprisonment. There is a standard non-parole period of 10 years imprisonment.
One of the offences is procuring a child under 14 years of age for unlawful sexual activity. This involves a contravention of s 66EB(2) of the Crimes Act. The maximum penalty for this offence is 15 years imprisonment. There is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Young (a pseudonym)

Details

AGLC: R v Young (a pseudonym) [2020] NSWDC 303
Case: [2020] NSWDC 303
Decision Date: 12 June 2020

CaseChat Overview and Summary

In the matter of R v Young, the defendant was convicted of various serious sexual offences involving children under the age of 16. The dispute before the court was the appropriate sentence for the crimes committed, which included acts of indecency, sexual intercourse, aggravated sexual assault, procuring a child for unlawful sexual activity, using a child to make child abuse material, and indecent assault. The case was heard in the High Court of Australia.

The legal issues for the court to decide included the appropriate aggregate term of imprisonment, the non-parole period, and the need for any additional sentencing orders. The court had to consider the gravity of the offences, the impact on the victims, and the need for deterrence and rehabilitation. The court also had to balance these considerations with the principle of proportionality in sentencing.

The court held that the crimes were of exceptional depravity and that the appropriate sentence should reflect the severity of the offences and the need to protect the community. The court determined that an aggregate term of imprisonment of 20 years, with a non-parole period of 15 years, was appropriate. The court also noted that the defendant had shown no remorse and that the sentences should deter the defendant and others from committing similar offences.

The court ordered that the defendant be imprisoned for a total of 20 years, with a non-parole period of 15 years. The court further ordered that the defendant be subject to an extended supervision order upon release from prison.

Orders

Orders of the court

Aggregate term of imprisonment of 20 years with a non parole period of 15 years.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Young (a pseudonym) [2020] NSWDC 303
Hearing dates:	11 May 2020
Decision date:	12 June 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 20 years with a non parole period of 15 years.
Catchwords:	CRIME - SENTENCE - commit act of indecency on a person under 10 years of age - sexual intercourse with a person under 10 years of age - sexual intercourse with a person between 10 and 16 years of age, whilst under authority - aggravated sexual assault with a person under 16 years of age - procuring a child under 14 years of age for unlawful sexual activity - using a child under 14 years of age to make child abuse material - indecent assault on a person under 16 years of age -possessing child abuse material
Legislation Cited:	Crimes Act 1900 (NSW): ss 61J, s61M(2), s61O(2), s66A, 66EB(2), s91G(1)(a) and 91H(2.)
Cases Cited:	R v BJW [2000] NSWCCA 60; R v Fisher (1989) 40 A Crim R 442
Category:	Sentence
Parties:	Regina (Crown) Mr Young (a pseudonym) (Offender)
Representation:	Ms A.Brown (ODPP Campbelltown) Mr Funnell (Counsel for the offender)
File Number(s):	2018/13305
Publication restriction:	Non publication order made of the names of the (x2) victims and the name of the offender and any other information which might directly or indirectly identify any of them