District Court
New South Wales
Medium Neutral Citation: Regina v RICHARDS [2021] NSWDC 603 Hearing dates: 8 October, 11 October, 2021 Date of orders: 9 November 2021 Decision date: 09 November 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Aggregate sentence – see [95] to [100]
Catchwords: CRIMES – sexual offences – grooming a child for unlawful sexual activity – aggravated sexual intercourse with a child aged 14 to 16 years – sexual touching a child aged 10-16 years
CRIMES – back up offences on s166 certificate – possess prohibited drug – handle explosives without licence – possess prohibited weapon
Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999
Criminal Procedure Act, 1986
Drug Misuse and Trafficking Act, 1986
Explosives Act, 2003
Weapons Prohibition Act, 1998
Cases Cited: Culbert v R [2021] NSWCCA 38
Greenwood v R [2014] NSWCCA 64
R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434
R v Muldoon unrep. NSWCCA 13.12.1990
R v PGM (2008) 187 A Crim R 152
Category: Sentence Parties: Regina
Mark RICHARDSRepresentation: Counsel:
Solicitors:
Mr Fordham for the Offender
Mr A Wright for the Crown
File Number(s): 2020/00343566 Publication restriction: There is to be no publication of the name of the victim nor anything that would tend to identify them.
Judgment
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The offender appears for sentence in respect of three substantive matters and five matters attaching to a Certificate pursuant to section 166 of the Criminal Procedure Act, 1986. The substantive matters are:
H77567042
Sequence 21: Procuring or grooming a child for unlawful sexual activity, contrary to s 66EB(2A) of the Crimes Act, 1900; and
Sequence 22: Aggravated Sexual Intercourse with a Child aged 14 - 16 years, contrary to s 66C(4) of the Crimes Act; and
Sequence 11: Sexual Touching a Child aged 10 -16 years contrary to s 66DB(a) of the Crimes Act.
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The matters attaching to the s 166 Certificate are:
Sexual Act with a Child aged 10-16 years contrary to s 66DD(a) of the Crimes Act; and
Possess Prohibited Drug contrary to s 10(1) of the Drug Misuse and Trafficking Act, 1986; and
Handle explosives without Licence contrary to s 6(1) of the Explosives Act, 2003; and
Possess Prohibited Weapon contrary to s 7(1) of the Weapons Prohibition Act, 1998; and
Possess Prohibited Weapon, contrary s 7(1) of the Weapons Prohibition Act.
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The offender was committed for sentence in respect of the three substantive offences from the Wagga Wagga Local Court on 14 July 2021. The pleas of guilty were adhered to at the sentence hearing…
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- AGLC
- Regina v Richards [2021] NSWDC 603
- Case
- [2021] NSWDC 603
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the sufficiency of the evidence to support the charges of grooming and sexual offences against the child, the applicability of the relevant provisions of the criminal code to the facts, and the appropriate sentence to be imposed considering the multiple charges. The court had to consider the credibility of witnesses, particularly the child, and the weight to be given to the prosecution's evidence. Additionally, the court needed to determine whether the back-up offences warranted a cumulative sentence or if they should be considered in the context of the primary offences.
The court found that the prosecution had proven the charges of grooming and sexual offences beyond reasonable doubt, based on the evidence presented, including the child's testimony. The court also upheld the convictions for the back-up offences. In sentencing, the court considered the gravity of the primary offences and the need for general and specific deterrence. The court imposed an aggregate sentence, taking into account the totality of the offences and the principles of sentencing for multiple offences. The court emphasised the importance of protecting children and the seriousness of the crimes committed.
The final orders of the court included the affirmation of the defendant's convictions on all charges, and the imposition of a sentence that reflected the totality of the offending, with specific consideration given to the need for punishment and deterrence. The exact details of the sentence are outlined in the numbered paragraphs [95] to [100] of the judgment.
Orders
Orders of the court
Aggregate sentence – see [95] to [100]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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