R v Caruana [2021] NSWDC 831

District Court New South Wales

Medium Neutral Citation: R v Caruana [2021] NSWDC 831 Hearing dates: Wednesday 18 August 2021; Wednesday 15 September 2021 Date of orders: Friday 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Criminal Before: Tupman DCJ Decision: The offender is convicted for each of the 26 counts. The offender is sentenced pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 to a non-parole period of 10 years with parole thereafter of 5 years giving rise to an overall term of imprisonment of 15 years. Two offences on s 166 certificate are dismissed. Catchwords: CRIME — Historical child sex offences — 26 counts — 12 victims –Indecent assault — sexual assault of boys aged between 10 and 14 — unlawful sexual intercourse — Offences committed between 1982 and 1989 — offender was a priest and boarding house master — victims were in his care as pupils at Chevalier College — Offender found guilty following trial — Victims have suffered a range of serious emotional sequelae — Ten Victim Impact Statements provided and taken into account — Offender has no prior criminal record — Offender is 80 years old — very low likelihood of reoffending. Legislation Cited: Crimes Act 1900 (NSW): ss 61E(1), 61E(1A), 66C(4), 78N (repealed), 578A; Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 21A(2)(g), 25AA, 53A. Cases Cited: R v Blanco (1999) 106 A Crim R 303 Category: Sentence Parties: Regina (The Crown) Anthony Caruana (The Offender) Representation: Counsel: Ms. N. Keay of Counsel (The Crown)