DPP v Gumbleton [2009] NSWLC 8

Local Court of New South Wales

CITATION: DPP v Gumbleton [2009] NSWLC 8

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions James ALfred GUMBLETON

FILE NUMBER: H36534882

PLACE OF HEARING: Wagga Wagga Local Court

DATE OF DECISION: 04/23/2009

MAGISTRATE: Magistrate Dare

CATCHWORDS: Aggravated Indecent Assault – sports coach - breach of trust – objective seriousness – elderly offender – whether sentence of imprisonment warranted – whether sentence full-time or suspended – hardship to third party – whether good character "of assistance" in commission of offence – APVO – only prohibitions and restrictions necessary to protect PINOP

LEGISLATION CITED: Crimes Act, 1900.S. 61M (1) and (2)Crimes (Sentencing Procedure) Act, 1999.S. 21A (2); S. 21A (5A), (5B), (6).Crimes (Domestic & Personal Violence) Act, 2007.S. 4; S. 10; S. 20 (3)

Regina v AEL (2005) NSWCCA 148 Regina v Byrne (1998) 104 A Crim R 456 Regina v Edwards (1996) 90 A Crim 510 Regina v Hopley [2008] NSWCCA 105 Regina v King (2004) 150 A Crim R 409 CASES CITED: Regina v King (Unrep) NSWCCA 20/8/1991 Regina v Lumsden (Unrep) NSWCCA 31/7/1996 Regina v MA (2004) 145 A Crim R 434 Regina v Muldoon (Unrep) NSWCCA 13/12/1990 Regina v Wirth (1976) 145 SASR 219 Ryan v The Queen (2001) 206 CLR 267

TEXTS CITED:

REPRESENTATION: Mr J. Hall, Solicitor for the DPP (NSW) Mr C. Haezlewood of Counsel i/b Walsh & Blair, Solicitors.

ORDERS:

REMARKS ON SENTENCE

The Offender, James Alfred Gumbleton, (born 4th May, 1934) stands for sentence having been found guilty of 2 counts contrary to Section 61M (1) and (2) of the Crimes Act, 1900. The evidence in the case concluded on 22nd January, 2009, and the matters adjourned part-heard to 3rd April, 2009, for final submissions, summing-up and verdicts. I earlier recorded my thanks to the parties for their helpful submissions and, in particular, to Mr Haezlewood of Counsel, for his additional written material. I returned verdicts of guilty in respect of each of the two charges.