R v RH [2024] NSWDC 379

District Court New South Wales

Medium Neutral Citation: R v RH [2024] NSWDC 379 Hearing dates: 1 August 2024 Decision date: 16 August 2024 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: (1) For the offence to which he pleaded guilty the offender is convicted. (2) Pursuant to s 8 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed for the offence is to be served by way of a Community Corrections Order. (3) The Community Corrections Order imposed is for a period of 2 years, commencing 16 August 2024 and expiring on 15 August 2026. (4) The standard conditions for a Community Corrections Order apply: (a) the offender must not commit any offence; and, (b) the offender must appear before the Court if called on to do so at any time during the term of the orders. (5) The following additional condition applies: (a) a supervision condition requiring the offender to submit to the supervision of the office of community corrections for so long as that service deems necessary during the terms of the order. (6) If the offender fails to comply with the conditions of this order, further action may be taken against him. This may require him to return to court to be re-sentenced. Catchwords: CRIME — Sexual offences — Indecent assault --- Historical offences against victims under 16 years of age by priest of the Catholic Church SENTENCING — Relevant factors on sentence — Delay --- Impact of delay on principles of totality and proportionality, considering previous period spent in custody – Imposition of Community Corrections Order SENTENCING — Subjective considerations on sentence — Age of offender --- Advanced age which would make custody more onerous --- consideration of advanced age on need for general and specific deterrence SENTENCING — Subjective considerations on sentence — Health issues --- Health concerns which would make custody more onerous Legislation Cited: Crimes Act 1900 (NSW), s 76 Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, 5, 8, 21A(2)(eb), 21A(2)(k), 21A(3)(k), 21A(5A), 25D, 25AA Cases Cited: R v Catell [2019] NSWCCA 297 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518; 56 NSWLR 146 Richards v R [2023] NSWCCA 107 R v Obbens [2022] NSWCCA 109 Texts Cited: Nil Category: Sentence Parties: Director for Public Prosecutions (NSW) (Crown) RH (Offender) Representation: Counsel: Ms E Sullivan (Forbes Chambers)