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District Court 13 September 2019

R v JRN

[2019] NSWDC 496

Sexual offences
AGGREGATE SENTENCE

Citation: R v JRN [2019] NSWDC 496
Court: District Court of New South Wales
Date: 13 September 2019
Judge: Mahony SC DCJ

Background

A jury at Griffith District Court convicted the offender on 16 May 2019 on seven counts of sexual offending against two of his children, referred to as RN and TN. The offending spanned approximately a decade, from 2002 to 2012, and occurred across several regional NSW locations including Deniliquin, Mathoura, Goulburn, and Narromine.

The offences against RN included indecent assault when she was five years old and two further instances of sexual intercourse when she was aged seven and ten respectively, the latter accompanied by threats to kill her if she disclosed what had occurred. The offences against TN included indecent assault when he was five, aggravated sexual intercourse when he was aged ten or eleven, and a further aggravated rape on Christmas Eve 2012 when he was a teenager, again accompanied by threats of serious violence.

The offender denied all offending at trial. The jury rejected his denials.

  • What aggregate sentence was appropriate for seven counts of child sexual offending committed over approximately ten years against two child victims?
  • How should the indicative sentences for each count be structured, and how should the totality principle be applied?
  • What weight should be given to aggravating features, including the offender's position of authority over the victims, the use of threats, and the nature and duration of the offending?

Decision

Mahony SC DCJ sentenced the offender by way of an aggregate sentence under the Crimes (Sentencing Procedure) Act 1999. The judge set indicative sentences for each individual count before arriving at a single combined term, a process required to ensure transparency in how the overall sentence was constructed.

The indicative sentences ranged from two years for the indecent assault counts to ten years for the most serious count (aggravated sexual intercourse without consent against TN on Christmas Eve 2012). The most serious individual offence carried a standard non-parole period of ten years, and the indicative non-parole period for that count alone was set at seven years and six months.

The court applied the totality principle, which requires that an aggregate sentence, while reflecting the full criminality of the conduct, should not be crushing or disproportionate when the overall sentence is viewed as a whole. The aggregate sentence imposed was 14 years, comprising a non-parole period of 10 years and 6 months and a balance of term of 3 years and 6 months.

Orders Made

  • Conviction recorded on all seven counts (Counts 1 to 7) under the Crimes Act 1900.
  • Aggregate sentence of imprisonment imposed:
  • Non-parole period: 10 years and 6 months, commencing 31 August 2017 and terminating 29 February 2028.
  • Balance of term: 3 years and 6 months, commencing 1 March 2028 and terminating 30 August 2031.
  • Indicative sentences:
  • Count 1: 2 years, non-parole period 18 months.
  • Count 2: 6 years, non-parole period 4 years and 6 months.
  • Count 3: 2 years, non-parole period 18 months.
  • Count 4: 6 years (no standard non-parole period prescribed).
  • Count 5: 2 years (no standard non-parole period prescribed).
  • Count 6: 8 years (no standard non-parole period prescribed).
  • Count 7: 10 years, non-parole period 7 years and 6 months.

Key Takeaways

  • The District Court applied the aggregate sentencing regime under the Crimes (Sentencing Procedure) Act 1999, which requires indicative sentences for each count alongside a single combined term, allowing the overall structure and reasoning to be scrutinised.
  • A position of parental authority over child victims is a significant aggravating factor across multiple offences under the Crimes Act 1900, including under ss 66A, 66C, and 61J.
  • Where an offender is convicted on multiple counts of child sexual abuse spanning many years, the totality principle operates to moderate the aggregate term so that it remains proportionate to the overall criminality, even where individual indicative sentences would sum to a far higher total.
  • Threats made to victims during or after offending, including threats to kill, formed part of the factual circumstances the court took into account when assessing the gravity of individual counts.
  • The offender's complete denial of all offending, as rejected by the jury, meant the court had no basis to reduce the sentence for remorse or for a utilitarian plea of guilty.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW): ss 61J(1), 61M(2), 66A(1), 66C(2)
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases
- Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
- R v Van Ryn [2016] NSWCCA 1
- WAP v R [2017] NSWCCA 212