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District Court 15 December 2020

R v Ramon

[2020] NSWDC 858

Sexual offences
CRIME SENTENCE INDECENT ASSAULT UNDER 16 YEARS

Citation: R v Ramon [2020] NSWDC 858
Court: District Court of New South Wales
Date: 15 December 2020
Judge: Bourke SC DCJ

Background

The offender was in a relationship with the mother of two girls, AB and BB, from around 2012. He took on a stepfather role in the household and later had a son with the mother. The family lived at various addresses in New South Wales over the relevant period.

Following a jury trial held in September 2020, the offender was convicted of 11 of the 19 counts on the indictment. The offences involved serious sexual misconduct against both girls, committed across multiple locations and over several years.

The victims were the offender's stepdaughters, both under 16 at the relevant times and under his authority as a parental figure. Statutory suppression provisions prohibit publication of any details that could identify either complainant.

  • What sentences were appropriate for each of the 11 offences, having regard to the maximum penalties and standard non-parole periods prescribed under the Crimes Act 1900 (NSW)?
  • Whether special circumstances existed to justify departing from the standard ratio between head sentence and non-parole period.
  • How the principle of totality applied in constructing an appropriate aggregate sentence that reflected the overall criminality without crushing the offender's prospects of rehabilitation.
  • Whether the aggregate sentence should be backdated to account for time already served in custody.

Decision

Bourke SC DCJ sentenced the offender on 11 offences comprising two counts of aggravated sexual intercourse with a child aged 10 to 14 years, five counts of indecent assault of a child under 16, and four counts of aggravated incitement or commission of acts of indecency with or towards a child under 16. The maximum penalties ranged from five years (for the indecency offences) to 20 years (for the aggravated sexual intercourse offences), with standard non-parole periods of eight and nine years respectively applying to the more serious charges.

His Honour found special circumstances warranting a departure from the standard ratio between head sentence and non-parole period. The basis for this finding was that this was the offender's first period of custody and that an extended period of supervision on parole would be necessary upon release.

Applying totality principles, the court imposed an aggregate sentence substantially below the sum of the individual indicative terms. His Honour expressly acknowledged that the aggregate represented only a small percentage of the total of those individual terms, but explained that this was necessary to avoid a crushing sentence and to preserve realistic prospects of rehabilitation.

The aggregate sentence commenced on 23 May 2020, backdated to account for time already served. The court also directed that a copy of the psychological report tendered on sentence be forwarded to Corrective Services and Justice Health.

Orders Made

  • Aggregate sentence of nine years' imprisonment imposed, with a non-parole period of six years.
  • Head sentence to expire on 22 May 2029; non-parole period to expire on 22 May 2026.
  • Sentence backdated to commence on 23 May 2020.
  • Psychological report tendered on sentence to be provided to Corrective Services and Justice Health.
  • Indicative individual sentences recorded for each count (ranging from one year two months to six years' imprisonment).

Key Takeaways

  • The District Court applied totality principles to impose an aggregate sentence substantially below the combined total of all individual indicative terms, reflecting the court's obligation to avoid a crushing sentence where multiple offences are sentenced together.
  • Special circumstances justifying a reduced non-parole period relative to the head sentence were established on the basis of a first period in custody combined with the need for extended post-release supervision.
  • Where an offender has been held in pre-sentence custody, the sentencing court may backdate the commencement of the sentence to reflect time already served, as occurred here from 23 May 2020.
  • The standard non-parole periods prescribed under the Crimes Act 1900 (NSW) for offences of aggravated sexual intercourse (nine years) and indecent assault of a child (eight years) function as guideposts in the sentencing exercise rather than mandatory minima, as the court explicitly noted.
  • A position of parental authority over child victims, exercised to facilitate repeated offending across multiple locations and over several years, formed a significant part of the factual matrix before the sentencing court.

Legislation and Cases Referenced

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

Cases:
- NT v R [2007] NSWCCA 143
- R v MJR (2002) 54 NSWLR 368
- R v PGM [2008] 187 A Crim R 152