R v Mould [2020] NSWDC 670

District Court New South Wales

Medium Neutral Citation: R v Mould [2020] NSWDC 670 Hearing dates: 25 September 2020 Date of orders: 02 October 2020 Decision date: 02 October 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: Imprisonment 7 years 6 months NPP 3 years 9 months. Catchwords: CRIME – SENTENCE 30 charges of common assault, one charge of assault OABH, 11 charges of produce child abuse material and one charge of possession of child abuse material – Form 1 contained further 7 charges of common assault and a further charge of possession of child abuse material. Physical (not sexual) child abuse – Offender had been a baseball coach and/or manager for over 30 years – Physically abused young males he was coaching/managing to "toughen them up", to deal with competitive sports and the vicissitudes of life – Some of the abuse recorded by video camera and kept by him, but not distributed, not replayed – Offender aged 70 at time of arrest, 71 at sentence – Numerous medical problems – Suffering from high functioning Autism Spectrum Disorder – Lacked insight into how offending behaviour could affect the mental health of his victims – Otherwise of good character – Given his age, medical conditions and character custody would be very onerous for offender – Appropriate case for aggregate sentence – Special circumstances – Discussion of relevance of offender's motive. Legislation Cited: Crimes Act 1900 Cases Cited: McCullough v R [2009] NSWCCA 94 Category: Sentence Parties: Stuart Angus Mould (Offender) Regina (Crown) Representation: Counsel: Givorshner (Offender) Walkowiak (Crown) File Number(s): 2019/00268381 Publication restriction: Nil.