Regina v DWF19 (No 2)

[2019] NFSC 4

SUPREME COURT OF NORFOLK ISLAND

Regina v DWF19 (No 2) [2019] NFSC 4

File numbers:

SCC 1 of 2019
SCC 2 of 2019

Judge:

RARES J

Date of judgment:

8 October 2019

Catchwords:

CRIMINAL LAW – where offender pleaded guilty to 1 count of committing an act of indecency on another person contrary to s 118(1) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 13 counts of committing an act of indecency on, or in presence of, a person under 16 years of age contrary to s 119(2) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 13 counts of engaging in sexual intercourse with a person under 16 years of age contrary to s 113(2) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 3 counts of using a child under 12 years of age for the production of child pornography contrary to s 122(1)(a)(i) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 1 count of using a child aged 12 years or older contrary to s 122(3) of the Criminal Code 2007 (NI)

CRIMINAL LAW – sentencing under s 5(2) of the Sentencing Act 2007 (NI) – consideration of extent to which offender’s good character can be taken into account after first offence – aggravating circumstances – offender’s position of trust and destruction of evidence – mitigating circumstances – where offender had no prior convictions – where offender pleaded guilty and relieved victims of having to give evidence

Legislation:

Criminal Code 2007 (NI) ss 108, 113, 118, 119, 122

Sentencing Act 2007 (NI) ss 5, 142

Cases cited:

Reg v DWF19 (No 1) [2019] NFSC 3

Veen v The Queen [No. 2] (1988) 164 CLR 465

Date of hearing:

7, 8 October 2019

Category:

Catchwords

Number of paragraphs:

65

Counsel for the Prosecution:

Mr J Hunter QC with Ms S Cartledge

Solicitor for the Prosecution:

Commonwealth Director of Public Prosecutions

Counsel for the Offender:

Ms L Reece

Solicitor for the Offender:

McIntyres Lawyers

ORDERS

SCC 1 of 2019

BETWEEN:

REGINA

Prosecutor

AND:

DWF19

Offender

JUDGE:	RARES J
DATE OF ORDER:	8 OCTOBER 2019

THE COURT ORDERS THAT:

1.Convictions be entered on each count in the indictment signed on 2 August 2019 and the offender be sentenced to the following terms of imprisonment:

(a)on count 30, commencing on 20 July 2018, 15 months imprisonment (6 months of which be served concurrently with the sentence imposed in proceeding No. SCC 2 of 2019);

(b)on count 1, commencing on 20 August 2018, 15 months imprisonment;

(c)on count 2, commencing on 20 September 2018, 15 months imprisonment;

(d)on count 3, commencing on 20 October 2018, 15 months imprisonment;

(e)on count 4, commencing on 20 July 2018, two years imprisonment;

(f)on count 5, commencing on 20 July 2018, three years and six months imprisonment;

(g)on count 6, commencing on 20 January 2019, three years and six months imprisonment;

(h)on count 7, commencing on 20 January 2019, four years and…