Regina v PL [2008] NSWDC 66

New South Wales District Court

CITATION: Regina v PL [2008] NSWDC 66

HEARING DATE(S): 12/02/08, 13/02/08, 14/02/08, 15/02/08, 07/03/08,

JUDGMENT DATE: 18 April 2008

JURISDICTION: Criminal

JUDGMENT OF: Finnane QC DCJ

DECISION: Sentence: I convict the offender of each offence, but pursuant to Sec 10A of the Crimes (Sentencing Procedure) Act, 1999, I impose no additional penalty.

CATCHWORDS: CRIMINAL LAW - sentence - indecent assault - admission by offender - offences committed more than 40 years ago - offender aged 15 years old at time of offence - findings to be based on evidence and not belief - good character - victim impact statements - consideration of extra curial punishment - conviction - regard to be had to sentences at time of commission of offences - relevance of Longman Direction - delay in complaint - Crown unable to establish offences other than those admitted to by the offender

ss. 10, 10A Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: s 76 (repealed) Crimes Act 1900 Child Welfare Act 1939 (repealed)

Longman v The Queen (1989) 168 CLR 79 CASES CITED: R v MJR (2002) 54 NSWLR 368 R v AJB [2007] NSWCCA 51

PARTIES: Regina PL

FILE NUMBER(S): 07/11/0651

COUNSEL: Regina: Mr M Barr Offender: Mr R Hood

SOLICITORS: Regina: S E O'Conner, Solicitor for Public for Public Prosecutions Offender: Ken Madden, Walter Madden Jenkins

SENTENCE

Introduction:

1 The offender is the oldest brother of C, K, E and J. He has admitted indecently assaulting each of his sisters. Long before any criminal proceedings were instituted against him, he had told them in a series of letters that he was guilty of assaults on them of an indecent nature, that he was sorry and ashamed.