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Taylor v R

Taylor v R

Case [2020] NSWCCA 46 25 March 2020

Criminal Liability

Sentencing

Appeal

Abuse of Position of Trust

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Taylor v R [2020] NSWCCA 46
Hearing dates: 17 February 2020
Date of orders: 25 March 2020
Decision date: 25 March 2020
Before: Johnson J at [1]
Price J at [2]
Davies J at [3]
Decision:
1. Grant leave to appeal
2. Appeal dismissed

Catchwords: CRIME — appeals — appeal against sentence – sexual offences by grandfather against two granddaughters –whether sentencing judge took into account applicant’s medical condition - whether sentencing judge provided adequate reasons – whether sentence was manifestly excessive - aggravating factors – abuse of position of trust or authority in relation to victim - where being “under authority” was an element of some but not all of offences - vulnerability of victim - where aggravating factors may have been double counted – no lesser sentence warranted
Legislation Cited: Crimes Act 1900 (NSW) s 578A
Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A
Cases Cited: Chamseddine v R [2017] NSWCCA 176
DH v R [2019] NSWCCA 128
EG v R [2015] NSWCCA 21
Hudson v R [2016] NSWCCA 278
MRW v R [2011] NSWCCA 260
Porter v R [2019] NSWCCA 117
R v Hamieh [2010] NSWCCA 189
R v Mills [2005] NSWCCA 175; (2005) 154 A Crim R 40
R v Miranda [2002] NSWCCA 89; (2002) 128 A Crim R 362
R v Obeid (No 12) [2016] NSWSC 1815
R v Scavera [2016] NSWCCA 145
R v Van Ryn [2016] NSWCCA 1
RL v R [2018] NSWCCA 274
RO v R [2019] NSWCCA 183
Sivell V R [2019] NSWCCA 77
Taylor v R [2018] NSWCCA 2555
Texts Cited: Nil
Category: Principal judgment
Parties: Robert Taylor (a pseudonym) (Applicant)
Crown (Respondent)
Representation:
Counsel:
P Lange (Applicant)
E Wilkins SC (Respondent)
Solicitors:
B Wrench (Applicant)
Solicitor for Public Prosecutions (Respondent)

File Number(s): 2015/332116
Publication restriction: Nil
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Citation:

Nil

Date of Decision:

20 April 2018

Before:

Blackmore SC DCJ

File Number(s):

2015/332116

Judgment

JOHNSON J: I agree with Davies J.
PRICE J: I agree with Davies J.
DAVIES J: The applicant was convicted of ten offences after a trial before Judge Toner SC and a jury in August 2017. He had been charged with three other offences in respect of which verdicts of not guilty were directed.
Due to the ill-health of Judge Toner, the applicant was sentenced by Judge Blackmore SC on 20 April 2018 to an aggregate sentence of 14 years’ imprisonment commencing 3 June 2017 and expiring 2 June 2031 with a non-parole period of nine years and four months expiring 2 October 2026.
The offences, their maximum penalty and the indicative sentences for those offences were as follows:

(a) Counts 1 and 7 - aggravated indecent assault of a child under the age of 16 years. The maximum penalty is ten years’ imprisonment and there is a standard non-parole period of eight years. The indicative sentences were…

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 Taylor v R

Details

AGLC: Taylor v The Queen [2020] NSWCCA 46
Case: [2020] NSWCCA 46
Decision Date: 25 March 2020

CaseChat Overview and Summary

The case of Taylor v R involved an appeal by the applicant against his sentence for sexual offences committed against his two granddaughters. The matter was heard in the High Court of Australia. The applicant contested the severity of the sentence, arguing that the sentencing judge did not adequately consider his medical condition and failed to provide sufficient reasons for the sentence. Furthermore, he claimed the sentence was manifestly excessive, particularly considering the alleged double counting of aggravating factors such as the abuse of a position of trust and the vulnerability of the victims.

The central legal issues before the court were whether the sentencing judge appropriately considered the applicant’s medical condition and provided adequate reasons for the sentence imposed. Additionally, the court needed to determine if the sentence was manifestly excessive, particularly in light of the aggravating factors identified and the potential for double counting of these factors. The applicant argued that the court should have considered a lesser sentence due to his medical condition and the comprehensive circumstances of the case.

The High Court found that the sentencing judge had appropriately taken into account the applicant’s medical condition, albeit briefly, and had provided sufficient reasons for the sentence. The court held that the sentence was not manifestly excessive, given the serious nature of the offences and the significant aggravating factors, including the abuse of a position of trust and the vulnerability of the victims. The court emphasised that the nature of the offences and the applicant’s position as a grandfather to the victims warranted a severe sentence. The appeal was dismissed, and the original sentence was upheld.

Orders