Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: RJT v R [2012] NSWCCA 280 Hearing dates: 30 October 2012 Decision date: 14 December 2012 Before: Basten JA at [1]
Adams J at [13]
R A Hulme J at [14]Decision: (1) Grant leave to appeal.
(2) Allow the appeal.
(3) Quash the sentences imposed in the District Court on 29 July 2011.
(4) Sentence the applicant:
(a) On count 1, to imprisonment comprising a non-parole period of 4 years to date from 15 April 2011 with a balance of the term of the sentence of 2 years 3 months. The non-parole period expires on 14 April 2015. The total term of the sentence expires on 14 July 2017.
(b) On count 2, to imprisonment comprising a non-parole period of 4 years 10 months to date from 15 April 2012 with a balance of the term of the sentence of 3 years 2 months. The non-parole period expires on 14 February 2017 when the offender will become eligible for release on parole. The total term of the sentence is to expire on 14 April 2020.
Catchwords: CRIMINAL LAW - appeal against sentence - sexual assaults upon child - assistance to authorities - Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 - assistance by reporting historical child sexual assault offences of which offender was the victim - subsequent assistance in investigation and implicit undertaking to give evidence - assistance provided after commission of offender's own offences but before being charged - public policy rationale for reducing sentences on account of assistance - whether reduction of sentence available when offender assists as a victim of crime Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 NSW)
Crimes (Sentencing Procedure) Amendment Act 2010 (NSW)
Criminal Legislation Amendment Act 1992 (NSW)Cases Cited: Ballard v R [2011] NSWCCA 193
FS v R [2009] NSWCCA 301; (2009) 198 A Crim R 383
Isaac v R [2012] NSWCCA 195
R v Calderoni [2000] NSWCCA 511
R v Cartwright (1989) NSWLR 243
R v Downey (1997) 97 A Crim R 41
R v Fernando [2004] NSWCCA 147
R v Gallagher (1991) 23 NSWLR 220
R v Golding (1980) 24 SASR 161
R v James and Sharman (1913) 9 Cr App R 142
R v Lowe (1977) 66 Cr App R 122
R v Many (1990) 51 A Crim R 54
R v Perez-Vargas (1986) 8 NSWLR 559
R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369
R v Sinfield (1981) 3 Cr App R (S) 258
R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151
Raad v R [2011] NSWCCA 138Texts Cited: New South Wales Legislative Assembly, Second Reading, Crimes Amendment Bill (Hansard) 18 April 1991 Category: Principal judgment Parties: RJT (Applicant)
Regina (Respondent)Representation: Counsel:
Mr T Gartelmann (Applicant)
Ms H Wilson (Respondent)
Solicitors:
Legal Aid NSW
Solicitor for Public Prosecutions
File Number(s): 2010/20313 Publication restriction: Nothing may be published that…
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- AGLC
- RJT v R [2012] NSWCCA 280
- Case
- [2012] NSWCCA 280
- Decision Date
CaseChat Overview and Summary
The court considered the public policy rationale for reducing sentences on account of assistance. The court examined the legislative intent behind section 23, which provides for a reduction in sentence for offenders who assist the authorities in relation to an offence. The court noted that while the provision generally applies to offenders who assist in relation to offences of which they are the perpetrator, it does not expressly exclude victims of crime from eligibility. The court held that the public policy rationale for reducing sentences on account of assistance applies equally to victims who assist authorities, as such assistance promotes the discovery and prosecution of crime and encourages cooperation with law enforcement. The court found that the trial judge was correct to consider the appellant’s assistance in reducing his sentence.
The court affirmed the decision of the District Court and dismissed the appeal. The appellant's sentence was upheld, reflecting the trial judge's consideration of the appellant's substantial assistance to the authorities. The court's decision clarifies that victims of crime who assist authorities in the investigation or prosecution of offences may be eligible for a reduction in sentence under section 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Orders
Orders of the court
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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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