R v Browne - [2021] NZHC 3286

ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF VICTIMS PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-340

[2021] NZHC 3286

THE QUEEN

v

ROSS DOUGLAS BROWNE

Hearing: 2 December 2021

Counsel:

J V Barry for Crown

K L Hamblin for defendant

Sentence:

2 December 2021

SENTENCING NOTES OF TOOGOOD J

Solicitors:
Crown Solicitor, Auckland Katrina Hamblin, Auckland

R v BROWNE [2021] NZHC 3286 [2 December 2021]

[1] Ross Douglas Browne, you appear for sentence having pleaded guilty to 15 charges of alleged historic sexual offending while you were employed as chaplain and a teacher at Dilworth School between 1987 and 2002.1 Your pleas on 6 October 2021 were entered following your acceptance of a sentence indication I gave on 3 September 2021, based on the agreed Crown charge notice and summary of facts.2

[2] In the sentence indication, I said that, if you pleaded guilty, I would take a total end sentence of 10 years’ imprisonment as a starting point, and then allow a 25 per cent discount for pleading guilty. I said I would then consider such other mitigating factors as may appropriately be taken into account, once I had received a pre-sentence report and heard further submissions from counsel. I will explain that more fully as I go through my reasons for the sentences I impose.

He mihi/Acknowledgements

[3] I acknowledge the presence in Court of eight of the complainants who are victims of your offending, Mr Browne. I acknowledge also the other complainants who are viewing the hearing remotely. As well, the mothers of two of the victims are here in court or relations of them, and two others have also joined remotely. They and other family members are, of course, equally victims in this case. It is right, and important, that the victims have played a significant role in this hearing, not only through their presence but through the victim impact statements they have read, or which others have read for them:

Ngā mihi nui ki a koutou.

1 Ten charges of indecency with boy between 12 and 16, Crimes Act 1961, s 140A(1)(a), maximum period of imprisonment: seven years; three charges of indecency with boy under 12, Crimes Act 1961, s 140(1)(a) and (c), maximum period of imprisonment: 10 years; one charge of sexual violation by unlawful sexual connection, Crimes Act 1961, ss 128(3) and 128B, maximum period of imprisonment: 14 years; one charge of indecent assault on man or boy, Crimes Act 1961, s 141(a), maximum period of imprisonment: seven years; one charge of possession of objectionable publications, Films, Videos & Publications Classification Act 1993, s 131A(1), maximum period of imprisonment: 10 years.
2 Criminal Procedure Act 2011, s 61.

Background

[4] The charges you have admitted arise out of a Police investigation into allegations of historic sexual abuse committed by staff and other individuals associated with Dilworth School in Auckland.…

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 R v Browne

Details

AGLC: R v Browne [2021] NZHC 3286
Case: [2021] NZHC 3286
Decision Date: 2 December 2021

CaseChat Overview and Summary

Ross Douglas Browne appeared for sentencing having pleaded guilty to 15 charges of historic sexual offending against 14 children and adolescents while employed as a chaplain and teacher at Dilworth School between 1987 and 2002. The court acknowledged the victims and their families who attended the hearing and those who viewed it remotely. The charges arose from a police investigation into historic sexual abuse at Dilworth School. Browne sexually offended against his victims over a 15-year period while in a position of authority and power at the school. The court considered the aggravating factors of the offending, including the level of planning, scale, duration, breaches of trust, and the vulnerability of the victims. The court adopted a starting point of four years' imprisonment for the lead charge of sexual violation and applied an uplift of six years for the additional charges, resulting in a global starting point of 10 years' imprisonment. The court allowed a 25% discount for Browne's guilty pleas and a further 10% discount for his age, disabilities, and willingness to engage in a restorative justice program. The final sentence imposed was six and a half years' imprisonment on each of the sexual offending charges, to be served concurrently, and 12 months' imprisonment for the charge of possessing objectionable material. Browne's name will be placed on the Child Sex Offender Register.

The court emphasised the devastating impact of Browne's offending on the victims and their families, and acknowledged the courage of the victims in coming forward. The court hoped that the hearing would enable the victims to begin a process of healing. The victims' accounts highlighted the profound and lasting effects of the abuse, including substance abuse, criminal behaviour, emotional deprivation, sexual confusion, and withdrawal from physical contact with others. Some victims spoke optimistically of their futures, having overcome the pain and distress sufficiently to focus on being good human beings and enjoying loving and caring relationships.

Orders