NSW Caselaw
New South Wales District Court
CITATION: R v Peter Geoffrey RAE [2008] NSWDC 381
JUDGMENT DATE: 28 February 2008
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: For the s 61E(1) offence - non parole period of 9 months, balance of term 3 months. For the s 81 offence - non parole period of 6 months, balance of term 3 months. For the first s 79 offence - non parole period of 18 months, balance of term 18 months. For the second s 79 offence and the associated s 32 offences - non parole period of 21 months, balance of term of 21 months.
CATCHWORDS: CRIMINAL LAW - sentence - buggery, indecent assault on a male and indecent assault charges - additional offences under s 32 of the Crimes (Sentencing Procedure) Act 1999 - pleas of guilty - two victims, both young men - substantial emotional harm caused to victims - offender abused position of trust - offences occurred in context of other offending - offences aged, committed in 1980's - extent to which sentencing patterns at the time the crimes were committed should be taken into account - offender aged 69 and recently diagnosed with bowel cancer at time of sentencing - not a high risk of re-offending but some persisting risk - limited expression of remorse - no criminal record at time of offending, since charge with indecent dealing with child under 12 but no conviction recorded
LEGISLATION CITED: Crimes Act 1900 s 61E, s 61D(1), s 79, s 81 Crimes (Sentencing Procedure) Act 1999 s 32
CASES CITED: The Queen v MJR (2002 54 NSWLR 368
PARTIES: Regina Peter Geoffrey Rae
FILE NUMBER(S): 2007/7174
COUNSEL: Mr Hoenig for Mr Rae
SOLICITORS: Mr Stanley for the Director of Public Prosecutions
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