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District Court 28 February 2008

R v Peter Geoffrey RAE

[2008] NSWDC 381

Sexual offences
CRIMINAL LAW SENTENCE PLEAS OF GUILTY TWO VICTIMS, BOTH YOUNG MEN OFFENDER ABUSED POSITION OF TRUST OFFENCES AGED, COMMITTED IN 1980'S

Citation: R v Peter Geoffrey Rae [2008] NSWDC 381
Court: District Court of New South Wales
Date: 28 February 2008
Judge(s): Cogswell SC DCJ

Background

The offender, a 69-year-old man recently diagnosed with bowel cancer, was sentenced for four offences committed during the 1980s against two male victims. The offences involved buggery (anal intercourse), indecent assault on a male, and indecent assault. All charges were met with pleas of guilty.

The first victim was between eight and thirteen years old across the period of offending. The offender had access to him through a shared spiritual community and a neighbouring property, and the abuse occurred on multiple occasions over several years at rural and ski resort locations. The second victim was approximately thirteen or fourteen years old when he was subjected to two acts of buggery over a single summer.

Both victims reported the conduct years after the events, and the offending did not come before the courts until the 2000s. The offender also asked the court to take five additional offences into account on a Form 1 (a mechanism under the Crimes (Sentencing Procedure) Act 1999 that allows a court to factor in related uncharged or unsentenced offences when passing sentence).

  • What weight should be given to sentencing patterns and tariffs that applied at the time the offences were committed in the 1980s, as compared with current sentencing approaches?
  • How should the court account for the offender's age (69) and serious illness (bowel cancer) in fixing the sentence?
  • What discount was appropriate for the pleas of guilty?
  • How should individual sentences be structured and whether they should run concurrently or cumulatively, given the offences involved two victims across different episodes?
  • What ongoing risk of reoffending did the offender present?
  • How should the court weigh the substantial emotional harm to the victims against mitigating factors, including the absence of prior convictions at the time of the offending?

Decision

Cogswell SC DCJ addressed the question of historical sentencing patterns, acknowledging this as a live issue in the case. Whilst the offences were committed in the 1980s, the court did not apply the more lenient sentencing norms of that era. The offences were treated as seriously harmful conduct warranting significant custodial terms, with particular weight given to the abuse of trust, the age and vulnerability of the victims, and the sustained nature of the offending.

The offender's age and recent bowel cancer diagnosis were acknowledged as relevant personal circumstances, but they did not operate as a bar to imprisonment. The court found there was some persisting risk of reoffending, even if it was not assessed as high. The limited expression of remorse also reduced the weight available to the offender in mitigation.

The pleas of guilty attracted discounts of approximately 25 percent across the sentences. The two buggery offences against the second victim were made concurrent with each other, given they occurred roughly a month apart and involved the same victim. Other sentences were structured cumulatively to reflect the distinct episodes and different victims, but the overall arrangement was designed to avoid a crushing total sentence given the offender's circumstances.

The court took the five Form 1 offences into account when fixing the penalty for the second buggery offence, as the offender had requested.

Orders Made

  • Section 61E(1) offence (indecent assault): Non-parole period of 9 months, balance of term 3 months.
  • Section 81 offence (indecent assault on a male): Non-parole period of 6 months, balance of term 3 months.
  • First section 79 offence (buggery): Non-parole period of 18 months, balance of term 18 months.
  • Second section 79 offence (buggery, with Form 1 offences taken into account): Non-parole period of 21 months, balance of term 21 months; this sentence made concurrent with the first buggery offence.
  • Earliest eligible release date: 5 February 2011 (subject to the Parole Authority).

Key Takeaways

  • The District Court declined to apply the more lenient sentencing norms of the 1980s when sentencing for offences committed in that era, treating the gravity of the conduct as a primary consideration.
  • Abuse of a position of trust, the young age of the victims, and the sustained and repeated nature of the offending were identified as significant aggravating features.
  • Serious illness and advanced age at the time of sentencing were treated as relevant personal circumstances, but did not prevent the imposition of substantial custodial terms.
  • Where multiple offences were committed against the same victim within a short timeframe, the court made those sentences concurrent rather than cumulative, reflecting the principle that an overall sentence should not be disproportionate to the total criminality.
  • A guilty plea discount of approximately 25 percent was applied across the offences, though limited remorse reduced the overall weight available in mitigation.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 61E, 61D(1), 79, 81
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 32

Cases:
- The Queen v MJR (2002) 54 NSWLR 368