R v Wade [2020] NSWDC 932

District Court New South Wales

Medium Neutral Citation: R v Wade [2020] NSWDC 932 Hearing dates: 24 July 2020; 30 September 2020 Date of orders: 30 September 2020 Decision date: 30 September 2020 Jurisdiction: Criminal Before: Adams QC ADCJ Decision: Full-time imprisonment to be served by way of Intensive Corrections Order Catchwords: CRIME – conceal serious indictable offence Legislation Cited: Crimes Act (NSW)1900 Crimes Sentencing Procedure Act Category: Sentence Parties: Office of the Director of Public Prosecutions (Crown) William Wade (Offender) Representation: Counsel: A Terracini (Crown) G Brady SC (Offender)

Solicitors: Office of the Director of Public Prosecutions Streeton Lawyers File Number(s): 2017/00047331 Publication restriction: No publication of Complainant's names

Judgment

Introduction 1. William Wade comes before the Court for sentence having pleaded guilty to the following offences on indictment (omitting the names of the victims for reasons of privacy) – (1) between 7 April 2014 and 26 August 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely the indecent assault of [a then student] by Francis Cable (also known as Brother Romuald) and that he, the said William Wade, had information which might be of material assistance in securing the prosecution of the said Francis Cable; and (2) between 7 April 2014 and 13 September 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely, the indecent assault of [a then student] by D'Arcy O'Sullivan (also known as Brother Dominic) and that he, the said William Wade had information which might be of material assistance in securing the prosecution of the said D'Arcy O'Sullivan. 1. The offender seeks, in respect of the first charge, to have taken into account on a Form 1 the following additional offences – (i) between 7 April 2014 and 26 August 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely, the indecent assault of [a then student] by Francis Cable (also known as Brother Romuald) and that he, the said William Wade, had information which might be of material assistance in securing the prosecution of the said Francis Cable; (ii) between 7 April 2014 and 26 August 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely the indecent assault of [a then student] by Francis Cable (also known as Brother Romuald) and that he, the said William Wade, had information which might be of material assistance in securing the prosecution of the said Francis Cable; and (iii) between 7 April 2014 and 26 August 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely the indecent assault of [a then student] by Francis Cable (also known as Brother Romuald) and that he, the said William Wade, had information which might be of material assistance in securing the prosecution of the said Francis Cable. 1. The offender further seeks, in respect of the second charge, to have taken into account on a Form 1 the following additional offences – (i) between 7 April 2014 and 13 September 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely the indecent assault of [a then student] by D'Arcy O'Sullivan (also known as Brother Dominic) and that he, the said William Wade, had information which might be of material assistance in securing the prosecution of the said D'Arcy O'Sullivan; and (ii) between 7 April 2014 and 13 September 2014, at Randwick in the State of New South Wales, he did fail without reasonable excuse to bring information to the attention of a member of the Police Force or other appropriate authority, knowing that a serious offence had been committed, namely the indecent assault of [a then student] by D'Arcy O'Sullivan (also known as Brother Dominic) and that he, the said William Wade, had information which might be of material assistance in securing the prosecution of the said D'Arcy O'Sullivan. 1. The substantive offences and the Form 1 offences are contrary to s 316(1) of the Crimes Act 1900 and carry a maximum term of imprisonment of two years. In the circumstances, it seems to me that it is appropriate to take the Form 1 offences into account as requested by the offender.