R v Brougham [2024] NSWDC 329

District Court New South Wales

Medium Neutral Citation: R v Brougham [2024] NSWDC 329 Hearing dates: 4 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. For sequence 2, offender sentenced to a fixed term of imprisonment of 18 months. 3. Sequence 4 taken into account on a Form 1. 4. For sequence 8, offender sentenced to a term of imprisonment of 4 years and 6 months, with NPP of 2 years and 6 months. 5. Sequences 5 and 6 taken into account on a Form 1. Catchwords: EAGP SCHEME – misnomer – 11 months before pleas of guilty entered – nine mentions – unnecessary and long adjournments – chronology not unusual – frequent experience of this Court – offenders and victims not well served by EAGPS – meant to elicit early pleas for utilitarian benefit to administration of justice – review required CRIME – sentence – (a) intentionally touch child aged between 10 and 16 – s66DB(a) Crimes Act 1900 – maximum penalty 10 years imprisonment – additional offence on Form 1 – (b) sexual intercourse with child aged between 10 and 14 – s66C(1) Crimes Act 1900 – maximum penalty 16 years imprisonment – standard NPP 7 years – two additional offences on Form 1 OFFENCE – sexual intercourse – fellatio – Form 1 – sexual touching in victim's bedroom – sexual touching following day in pool in front of others – offender aged 32 – victim aged 11 – offender in relationship with victim's older brother – offender lived in victim's household OBJECTIVE SERIOUSNESS – middle range – big age gap – bottom of relevant age range for child victim – not one-off offences – offence committed in victim's home – victim entitled to feel safe – offences in pool and spa planned – no additional violence – committed in the open – degree of persistence SUBJECTIVE CASE – Indigenous Australian man – witnessed domestic violence – hid sexuality – victim of childhood sexual abuse – poor educational history – long term unemployed – recognised sexual interest in children – sought psychological counselling – admitted difficulties controlling behaviour – anti-social – borderline personality traits – history of suicidal ideation – cognitive distortions supporting sexual offending – risk of reoffending well above average – guarded prospects of rehabilitation – prior convictions in Queensland for similar offences SENTENCE – general and specific deterrence – denunciation – punishment – rehabilitation – 25% discount – utilitarian value of guilty plea – partial accumulation – close supervision in community – demonstrated remorse and contrition – special circumstances Legislation Cited: Crimes Act 1900 (NSW): ss 66C(1), 66DB(a) Crimes (Sentencing Procedure) Act 1999 (NSW): s 32 Criminal Procedure Act 1986 (NSW) Category: Sentence Parties: Rex (Crown) Aaron Brougham (Offender) Representation: Counsel: C Feiner (Offender)