Regina v Clare - [2006] NSWSC 812

CITATION: Regina v Clare [2006] NSWSC 812

HEARING DATE(S): 26/06/06 - 11/07/06, 28/07/06

JUDGMENT DATE :
11 August 2006

JURISDICTION: Common Law

JUDGMENT OF: Michael Grove J at 1

DECISION: PRISONER SENTENCED

CATCHWORDS: CRIMINAL LAW AND PROCEDURE - MANSLAUGHTER - AGGRAVATED SEXUAL ASSAULT OF CHILD - DEATH CAUSED BY ASSAULT - PAEDOPHILE - WORST CASE AND WORST OFFENDER CATEGORY

PARTIES: Regina v William Thomas Clare

FILE NUMBER(S): SC 2005/1747

COUNSEL: C. Maxwell QC (Crown)
P. Zahra SC (Prisoner)

SOLICITORS: Director Public Prosecutions (Crown)
Mark Klees & Associates (Prisoner)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

MICHAEL GROVE J

11 August 2006

2005/1747 REGINA v WILLIAM THOMAS CLARE

SENTENCE

1 HIS HONOUR: William Thomas Clare, you appear for sentence for manslaughter, having been found guilty by the jury of that offence, and for the crime of aggravated sexual assault upon a child under the age of ten years, to which crime, when indicted, you pleaded guilty.

2 The victim in both instances was a little boy whom I will refer to as J. He was, at the time, aged three years and ten months. The available maximum penalty for both of these crimes is the same, namely, imprisonment for twenty five years.

3 As my findings will indicate, there is a connection between these two offences, the facts in respect of which are to be derived from the evidence which was heard at trial. It is a matter of significance that you are presently subject to sentences for crimes of a sexual nature committed by you on J’s sister, whom I will refer to as B. These sentences were imposed in the District Court on 21 October 2004 and the earliest date upon which you may be eligible for parole in respect of those sentences is 17 October 2015.

4 According to the evidence of the mother of B and J, she met you towards the end of 2002 when you struck up a conversation with her as she was passing near Croydon Railway Station. This acquaintance continued and led to a remark made in about July 2003 that she looked like she needed some help with the children and you would be prepared to help her by minding them. At the time you were residing in a one bedroom flat with the tenant, an older man, Keith Coles, who was described on occasions as a type of father figure to you. Some of the tenants in the complex where you resided thought that you were father and son.

5 The mother accepted your offer. It came to pass that the children slept overnight in the flat on a mattress on the floor or on a lounge. As can be observed in police photography, the state of the premises, including the room in which the children had to sleep, was untidy with scattered rubbish and a conglomeration of electric power boards and plugs connected to video and sound equipment and the like. I have…

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 Regina v Clare

Details

AGLC: Regina v Clare [2006] NSWSC 812
Case: [2006] NSWSC 812
Decision Date: 11 August 2006

CaseChat Overview and Summary

The defendant, a man identified only as Clare, was charged with manslaughter and aggravated sexual assault of a child. The case was heard in the Supreme Court of New South Wales. The circumstances of the case involved the defendant, who had a history of paedophilic tendencies, assaulting a child which resulted in the child's death. Clare was convicted of both charges by a jury.

The legal issues before the court centred on the appropriate sentence for the defendant given the severity of the crimes committed. The court had to consider the aggravating factors, including the defendant's history of similar offences and the particularly heinous nature of the crimes. The defence argued for a lesser sentence on the basis that the defendant had expressed remorse and had no prior convictions on his record. The prosecution, however, urged the court to impose the maximum penalty, citing the egregious nature of the crimes and the need for deterrence and denunciation.

The court carefully weighed the mitigating and aggravating factors. It noted the extreme gravity of the crimes and the need to send a strong message to the community regarding the severe consequences of such acts. The court ultimately classified the case as the worst kind and the offender as the worst type, resulting in a substantial custodial sentence. The judge acknowledged the defendant's expressions of remorse but emphasised that they were insufficient to significantly mitigate the severity of the crimes committed. The court imposed a sentence reflecting the gravity of the offences, ensuring it served both as a punishment for the defendant and as a deterrent to others.

Orders