R v Williams (No.2) [2024] NSWDC 9

District Court New South Wales

Medium Neutral Citation: R v Williams (No.2) [2024] NSWDC 9 Hearing dates: 2 February 2024 Date of orders: 2 February 2024 Decision date: 02 February 2024 Jurisdiction: Criminal Before: Abadee DCJ Decision: Aggregate imprisonment 8 years, 3 months; non-parole period of 5 years Catchwords: CRIMINAL LAW – sentencing – historical child sex offences – indecent assault and buggery Legislation Cited: Crimes Act 1900 (NSW), ss 61C, 79 & 81 (since repealed), 61KD, 66C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 25AA(3) Cases Cited: R v Cattell [2019] NSWCCA 297 R v Gavel [2014] NSWCCA 56 R v Williams [2023] NSWDC 490 R v Totten [2003] NSWCCA 207 Category: Sentence Parties: Rex (Crown) Karl Williams (Offender) Representation: Counsel: Mr B Queenan for the Crown Ms R Court for the offender

Solicitors: Office of the Director of Public Prosecutions (Crown) Benjamin Leonardo – The Defenders (offender) File Number(s): 2022/36557 Publication restriction: Non-publication of the victim's name and the names of others who might tend to disclose the victim's name

EX TEMPORE REMARKS ON SENTENCE

Introduction 1. On 27 October 2023 I delivered my reasons for verdicts of guilty in a trial by judge alone and convicted Mr Karl Williams (the offender) of four counts (counts 12-14 (incl) and 16) of indecent assault and one count (count 15) of buggery. Those reasons have since been published (R v Williams [2023] NSWDC 490). He is now before the Court for sentencing. All of the offending occurred against a single victim. 2. The victim was a young boy at the times of the offending. The victim has subsequently changed name and gender. As a courtesy to the victim, where it is necessary and practicable to do so, and whilst recognising potential confusion to any reader of these remarks, I propose to refer to the victim by her currently preferred pronoun except where it is necessary to refer to the victim at a point in time when the victim identified with the male gender. 3. It is pertinent to point out that I acquitted the offender on eleven other counts on the indictment (three being by directed verdicts); some of which involved a different victim. 4. The offences of indecent assault were (at the time) contrary to s 81 of the Crimes Act 1900 (NSW). The maximum penalty for that offence was 5 years' imprisonment. The offence of buggery was contrary to s 79 of the Crimes Act. The maximum penalty for that offence was 14 years' imprisonment. There were no standard non-parole periods for either offence. 5. Following the convictions, the offender was detained following a successful Crown detention application.