R v Duncan [2022] NSWDC 543

District Court New South Wales

Medium Neutral Citation: R v Duncan [2022] NSWDC 543 Hearing dates: Monday 24 October 2022 Date of orders: Friday 4 November 2022 Decision date: 04 November 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: The offender is convicted of the eight counts and is sentenced as follows: Counts 9 and 10: Dealt with pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), no further penalty. Counts 5, 6, 7, 8, 12 and 13: An aggregate sentence of 5 years is imposed pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), comprising a non-parole period of 2 years and 6 months. Indicative sentences as follows: Count 5, 18 months Count 6, 18 months Count 7, 18 months Count 8, 2 years and 6 months Count 12, 2 years Count 13, 2 years NB: The offender has been informed that s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW) applies in this case. Catchwords: CRIME — Child sex offences — Sentence following guilty verdicts — Eight counts of sexual touching three children aged between 10 and 16 years old — Two counts fall in the bottom of the range of objective seriousness — Five counts slightly below midrange of objective seriousness — One count falling in the midrange of objective seriousness — Offences took place in the Bega area and in the Kosciuszko National Park area — Offender was 64 at the time of the offending — Victims were friends with offender's daughters — Offending behaviour was opportunistic and occurred when the victims were either visiting one of the offenders daughters at offenders home or when victims attended camping trips with the offender and one of his daughters — Offender has lack of significant convictions on criminal record — Victim impact statements received and impact on victims considered — Offender has good prospects of rehabilitation and little likelihood of reoffending — Extra Curial punishment per public opprobrium via disproportionate and sensational media reporting — Some hardship to family likely after incarceration being increase of current hardship to teenage daughters. Legislation Cited: Crimes Act 1900 (NSW): s 66DB(a); Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 3A(b), 5, 10A, 21A, 21A(3)(e)-(f), 21A(5A), 25AA, 25AA(3); Crimes (High Risk Offenders) Act 2006 (NSW): ss 4, 5, 25C. Cases Cited: R v Wran [2016] NSWSC 1015; Doyle v R [2022] NSWCCA 81; Ragg v R [2022] NSWCCA 150; Ryan v The Queen (2001) 206 CLR 267; RO v R [2019] NSWCCA 183. Category: Sentence Parties: The Queen (Crown) Neil Duncan (Offender) Representation: Counsel: Mr. A. Morris for the Crown Mr. R. Pontello SC for the Offender