R v Crawford (a pseudonym) [2022] NSWDC 652

District Court New South Wales

Medium Neutral Citation: R v Crawford (a pseudonym) [2022] NSWDC 652 Hearing dates: 1 July 2022 Date of orders: 1 July 2022 Decision date: 01 July 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 10 years 9 months with a non-parole period of 7 years. Catchwords: CRIME – procure a child under 14 for unlawful sexual activity - indecent assault person under 16 years aggravated - incite act of indecency aggravated sexual intercourse with a child aged above 10 and less than 14 years - under authority SENTENCING - Relevant factors on sentence – sentence after trial - multiple offences - danger of double counting aggravating features - victim impact - background of childhood trauma and deprivation - assistance to law enforcement Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Jury Act 1977 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Owen Crawford (the offender) Director of Public Prosecutions Representation: Counsel: Ms S Hall SC (for the offender) Ms A Hughes, Solicitor Advocate DPP

Solicitors: Morrisons Law (for the offender) Director of Public Prosecutions File Number(s): 2020/00344577

SENTENCE – EX TEMPORE REVISED

Introduction 1. On 5 April 2022, after a relatively short trial at Wollongong District Court, a jury of nine found Owen Crawford guilty of seven serious offences involving the sister of his then partner. The complainant was at the relevant time, aged between 11 and 13. The offences occurred in 2018 and 2019. 2. Crawford was found guilty of the following charges: * Count 1 - procure a child under 14 for unlawful sexual activity: s 66EB(2) Crimes Act 1900, maximum penalty 15 years, standard non‑parole period six years. * Count 2 - indecent assault person under 16 years: s 61M(2) Crimes Act. There had been a change in the legislation during the relevant period. As s 80AF Crimes Act applied to that charge, it is accepted, the maximum penalty is 10 years, and there is no standard non‑parole period. * Count 3 - aggravated incite act of indecency s 61O(1) Crimes Act. Again, s 80AF applies. The maximum penalty for that offence is five years. * Counts 4, 6 and 7 - aggravated sexual intercourse with a child aged above 10 and less than 14 years: s 66C(2) Crimes Act, maximum penalty 20 years, standard non-parole period nine years. The circumstance of aggravation was "under authority." * Count 5 –guilty of an alternative count, sexual intercourse with a child aged above ten and less than 14 years: s 66C(1) Crimes Act, maximum penalty 16 years, standard non‑parole period seven years. The circumstance of aggravation was "under authority" was not proved. 1. During the trial three jurors had to be discharged because of COVID isolation protocols. The trial continued after each juror's discharge; and, after the discharge of the third juror, with the written consent of the accused and the Crown: s 22A(2) Jury Act 1977. 2. After his conviction Crawford went into custody. It is accepted that so serious was his offending that only custodial sentences could be imposed. As he had spent 70 days on remand between his arrest and being granted strict bail, the sentence will commence on 25 January 2022, to give him full allowance for time served. 3. It is clear from the jury's verdicts that they accepted the evidence of the complainant in relation to each count. In one count there was a verdict of not guilty but guilty to an alternative count. It would appear that the jury did not accept that the complainant was, at the relevant time, under his authority, given the presence of her sleeping sister at the scene. 4. The complainant's evidence was in part corroborated by statements Crawford had made to her in a conversation that police covertly recorded.