R v Murrin [2008] NSWDC 29

New South Wales District Court

CITATION: R v Murrin [2008] NSWDC 29

JUDGMENT DATE: 10 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

DECISION: See paragraph [40]

CATCHWORDS: Indecent assaults by teaching brother - old offences - limited moral culpability - demonstrated rehabilitation

LEGISLATION CITED: s.81 Crimes Act 1900

PARTIES: Regina Ross Francis Murrin

FILE NUMBER(S): 07/11/0845

SOLICITORS: Mr J Nathan (Crown) Mr G Walsh (Defence)

JUDGMENT 1 In 1974, when the offender was a trainee brother and junior teacher responsible for a Year 5 class at the Marist Brothers Primary School, Daceyville, he indecently assaulted 8 pupils in his class.

2 In 2007, the offender was contacted in Rome, where he was working for the Catholic Church as a translator. He returned to Australia voluntarily.

3 The offender pleaded guilty to 17 offences of indecent assault contrary to s. 81 of the Crimes Act 1900.

4 Section 81 carries a maximum available penalty of five years' imprisonment. It encompasses a wide range of conduct, including serious sexual assaults against boys falling short of buggery. In 1984, the provision was repealed.

Facts 5 (1) Victim A. In the first week of school, the offender asked the victim to stay back after school. He directed the victim to sit on his lap. He rubbed the victim's groin. He stopped when M said that he did not like it.

(2) Victim B. In the first month of school, the offender called the victim to sit on his lap in front of the class. He pulled out the victim's shirt and rubbed the victim's chest, back and stomach. He placed his hand inside the victim's shorts and rubbed the victim's leg, but as the shorts were tight, he could not fully insert his hand into the shorts. (3) Victim B. The offender was supervising victims B and E on detention. He called B to one side of the classroom and fondled his penis outside the pants until E created a disturbance that required his attention. (4) Victim C. On a religious retreat, when the victim was in bed early in the morning, the offender reached his hand under the blanket and touched the victim's stomach for about 10 seconds, until C objected. (5) Victim D. On the religious retreat, when D had finished showering and was alone and wrapped in a towel, the offender accompanied him back to his room. The offender placed his hand under the towel and attempted to loosen it. He placed his hand on victim's buttocks and felt around the victim's anus. (6) Victim D. In about February, 1974, when pupils were filing into class, the offender placed his hand inside the victim's underpants and squeezed his buttocks. (7) Victim D. In February 1974, when the victim was filing from class with other pupils, the offender placed his hand inside the victim's underpants and rested his hand on the victim's buttocks for about 30 seconds. The incident ceased when the pupils reached their destination, the library. (8) Victim E. On the same occasion and immediately before assaulting D, the offender placed his hand down E's shorts and moved it around on E's bottom. The offender's conduct was witnessed by D, who was in line behind E. (9) Victim D. In about May, 1974, on a weekend, the victim was assisting with work at the school. He was helping the offender in the library. The offender took him to another room, grabbed him from behind and pinned him to the floor. The offender pulled down the victim's pants to around the victim's hips in an apparent attempt to remove them. The accused tried to kiss D. D resisted. The offence ceased when the principal came to the room. (10) Victim C. About two weeks after the commencement of the school year, the offender sat the victim on his lap in front of the class. The offender placed his hand under the victim's shirt and rubbed the victim's nipples. (11) Victim C. Continuing the conduct the subject of offence 10, the offender placed his hand inside the victim's shorts and rubbed the victim's buttocks and groin, in the general area of the penis. (12) Victim F. The offender placed his hand under the victim's shirt and touched his back. The offender then placed his hand inside the victim's underpants and touched both buttocks. (13) Victim G. When the victim approached the offender's desk at the front of the class, the offender pulled the victim closer and began to rub the victim's leg on top of his shorts. The offender pulled the victim onto his lap and continued to pat the victim's leg. (14) Victim G. The offender told the victim to sit on his leg. The offender placed his hand inside the victim's underpants and touched his buttocks. The incident ended when another student approached the offender. (15) Victim H. Between March and May, 1974, the victim asked a question in class. The offender directed the victim to approach his desk. The offender grabbed the victim and pulled him closer. The offender placed his hand in the victim's groin area and rubbed the area for two or three minutes while he answered the question. (16) Victim H. On another occasion, when H asked a question, the offender directed H to approach his desk. As the victim bent down to hear the answer, the offender touched the victim's thigh//buttock area. The offender placed his hand inside the victim's shorts and squeezed the victim's buttock. (17) Victim E. When the class was in the school library watching a movie, the offender sat the victim on his lap, between his legs. The offender placed his hand down the front of the victim's pants.