Regina v RP

Case [2018] NSWDC 125


District Court


New South Wales

Medium Neutral Citation: Regina v RP [2018] NSWDC 125
Hearing dates: 20 April 2018
Date of orders: 18 May 2018
Decision date: 18 May 2018
Jurisdiction:Criminal
Before: His Honour Judge G Lerve
Decision:

See [82]-[88]

Catchwords: Sentence – offending when offender a juvenile but sentenced as an adult - onerous bail conditions – pre-sentence custody – intellectual functioning issues with offender
Legislation Cited: Children (Criminal Proceedings) Act, 1987
Crimes Act, 1900
Crimes (Sentencing Procedure) Act,1999
Cases Cited: RP v The Queen [2016] HCA 53
R v AA [2017] NSWCCA 84
R v Anderson [2012] NSWCCA 175
Brown v R [2014] NSWCCA 215
Bugmy v The Queen [2013] HCA 37
Butters v R [2010] NSWCCA 1
TC v R [2016] NSWCCA 3
R v Donald [2013] NSWCCA 238
Hili & Jones v The Queen [2010] HCA 45
Hampton v R [2014] NSWCCA 131.
Hamilton v R [2016] NSWCCA 59
Kelly –v- R [2018] NSWCCA 44
Kennedy v R [2010] NSWCCA 260
Little v R [2018] NSWCCA 63
Locke v R (2010) 207 A Crim R 34
R v Niass unrep. NSWCACA 16 Nov 1988
Refaieh v R [2018] NSWCCA 72
BP v R [2010] NSWCCA 159.
SHR v R [2014] NSWCCA 94
R v Simpson (2001) 53 NSWLR 704
Sullivan & Skillan v R [2008] NSWCCA 296
KT v R [2008] NSWCCA 51
Thammavongsa v R (2015) 251 A Crim R 342
R v Tuala [2015] NSWCCA 8
R v Van Ryn [2016] NSWCCA 1
Category:Sentence
Parties: Director of Public Prosecutions
RP
Representation:

Counsel:
Mr P Kerr for the Director of Public Prosecutions
Mr T Warr for the Offender

  Solicitors:
Ms N Wojcik for the Director
Mr D Barron for the Offender
File Number(s): 2012/330538, 2014/99541
Publication restriction: Non publication of the name of the offender or the complainants or anything that may tend to identify them.

Judgment

  1. The offender is the same person as the RP to which the decision of the High Court of Australia RP v The Queen [2016] HCA 53 relates.

  2. On 9 May 2017 the offender pleaded guilty to three counts on an indictment, namely:

  1. That (he) between 28 February 2007 and 18 September 2007, in Junee in the State of New South Wales, did have sexual intercourse with JF without his consent, knowing he was not consenting, when JF was under the age of 16 years, namely 15 years, contrary to s 61J(1) of the Crimes Act, 1900 and further

  2. That (he) on or about 19 November 2007, at Junee in the State of New South Wales, did assault JF and at the time of that assault committed an act of indecency on JF, he then being under the age of 16 years, namely 15 years, contrary to s 61M(1) of the Crimes Act, and further

  3. That (he) on or about 22 October 2012, at North Wagga Wagga in the State of New South Wales, did attempt to have sexual intercourse with TDP, a…

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AGLC
Regina v RP [2018] NSWDC 125
Case
[2018] NSWDC 125
Decision Date

CaseChat Overview and Summary

The defendant, RP, was convicted of several offences and faced sentencing as an adult despite being a juvenile at the time of the crimes. RP had a history of offending and was deemed to be at high risk of reoffending. The court was tasked with determining an appropriate sentence, considering the juvenile status of the offender at the time of the offences, the onerous bail conditions, and the period of pre-sentence custody. Additionally, the court had to consider RP's intellectual functioning issues.

The primary legal issues before the court were whether the onerous bail conditions and pre-sentence custody should influence the sentence, and how to appropriately weigh the mitigating factor of RP being a juvenile at the time of the offending. The court needed to balance the need for punishment and deterrence with the rehabilitation of the offender, considering the unique circumstances of RP's case.

The court acknowledged the importance of considering RP's age at the time of the offending and the impact of the onerous bail conditions and pre-sentence custody on the offender. The court also took into account RP's intellectual functioning issues, which were identified as contributing factors to the offending behaviour. After weighing these factors, the court determined that the appropriate sentence would be a combination of imprisonment and community-based orders, with specific conditions aimed at addressing RP's rehabilitation needs.

The court ordered RP to serve a term of imprisonment followed by a period of supervision under community-based orders, with specific conditions to address RP's rehabilitation needs. The court also considered the need for ongoing support and monitoring to prevent reoffending, taking into account RP's intellectual functioning issues and the circumstances of the offending. The detailed orders are set out in paragraphs [82] to [88] of the judgment.

Orders

Orders of the court

See [82]-[88]

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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