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District Court 3 August 2022

R v Beullens

[2022] NSWDC 366

Sexual offences

Citation: R v Beullens [2022] NSWDC 366
Court: District Court of New South Wales
Date: 3 August 2022
Judge: Bennett SC DCJ

Background

The offender was a youth worker and instructor at Daruk Training School for Boys, a strictly disciplined, quasi-military institution at South Windsor, NSW. He commenced employment there in December 1970, aged 25, and worked at the facility until at least 1981, living on site throughout that period.

Following a jury trial, the offender was convicted of seven counts of sexual offending against four male complainants, all of whom were inmates at Daruk during the offending periods. The offences spanned from 1972 to 1979. Two further counts were not proven: one resulted in a directed verdict of not guilty, and the jury acquitted on the other.

The complainants were boys aged around 14 at the time of the offences. They had been placed at Daruk through the juvenile justice system and were entirely subject to the authority and control of staff, including the offender. The sentencing hearing proceeded on facts drawn from the trial evidence, which defence counsel accepted as available and with which the judge agreed.

  • What facts could be established for sentencing purposes, and to what standard of proof?
  • How should the objective seriousness of the offences be assessed, given the institutional context and the offender's position of authority?
  • What weight should be given to the offender's personal circumstances, including his age, ill health, and history of depression?
  • What aggregate sentence was appropriate across the seven counts, applying the Crimes (Sentencing Procedure) Act 1999?

Decision

The court found the facts consistent with the Crown's summary, which defence counsel accepted as available from the trial evidence. Bennett SC DCJ applied the orthodox sentencing principles that facts aggravating objective seriousness must be proved beyond reasonable doubt, while mitigating facts are accepted on the balance of probabilities, citing Cheung v R, R v Olbrich, Savvas v R, and R v Isaacs.

The offending was assessed as serious. The complainants were particularly vulnerable young people, institutionalised and entirely dependent on staff for their welfare. The offender exploited his position of authority and the inmates' powerlessness, in several instances using access to privileges and the threat or reality of isolation as leverage. The court described the behaviour as "egregious" and noted that the institutional environment, marked by harsh discipline and significant power imbalances, was a relevant feature of the sentencing exercise.

On the offender's personal circumstances, the court acknowledged his advanced age, ill health, and history of depression. It gave weight to the likelihood that the custodial sentence would consume the balance of his life. The court observed a contrast between the offender's circumstances and those of his victims, who had lived with the impact of these crimes since childhood.

General deterrence was afforded significant weight. Personal deterrence was given lesser weight, given the offender's age and health. The court emphasised the need for accountability, denunciation, and recognition of the harm done to the victims and the broader community's trust in those responsible for the care of young people in custody.

Orders Made

  • The offender was convicted of all seven counts.
  • An aggregate sentence of imprisonment was imposed under s 53A of the Crimes (Sentencing Procedure) Act 1999.
  • Non-parole period: 8 years, commencing 16 March 2022.
  • Head sentence: 13 years.
  • Earliest eligible parole date: 15 March 2030.
  • Indicative individual sentences, had separate sentences been imposed:
  • Count 1 (indecent assault, RP): 2 years
  • Count 2 (indecent assault, MB): 3 years 9 months
  • Count 5 (buggery, TR): 7 years
  • Count 6 (indecent assault, DS): 2 years 3 months
  • Count 7 (indecent assault, DS): 2 years 9 months
  • Count 8 (indecent assault, DS): 3 years 3 months
  • Count 9 (indecent assault, DS): 3 years 3 months

Key Takeaways

  • The District Court confirmed that facts going to objective seriousness must be proved beyond reasonable doubt at sentence, while facts advanced in mitigation are assessed on the balance of probabilities, applying established High Court authority.
  • An offender's position of authority over institutionalised, vulnerable children was treated as a significant aggravating feature, particularly where that authority was used to facilitate or coerce offending.
  • General deterrence attracted substantial weight in historical child sexual assault cases involving institutional abuse, even where the offender's personal circumstances, including advanced age and poor health, reduced the weight given to personal deterrence.
  • Under s 53A of the Crimes (Sentencing Procedure) Act 1999, an aggregate sentence was imposed across seven counts, with the court required to and setting out the indicative individual sentence for each count.
  • The prospect that a custodial sentence will consume the remainder of an elderly offender's life is a mitigating factor, though it does not displace the primacy of denunciation and accountability in cases of serious, repeated child sexual abuse in a position of trust.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 79, 81
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 53A

Cases:
- Cheung v R (2001) 209 CLR 1
- Muldrock v R [2011] HCA 39
- R v Isaacs (1997) 41 NSWLR 374
- R v Millwood [2012] NSWCCA 2
- R v Olbrich (1999) 199 CLR 162
- Savvas v R (1995) 103 CLR 1 (reported citation in judgment; likely 80 CLR 1 or similar; cited as given)
- Tepania v R [2018] NSWCCA 247
- Veen v R (No 2) (1987-1988) 164 CLR 465