R v Robert Flaherty [2016] NSWDC 124

District Court New South Wales

Medium Neutral Citation: R v Robert Flaherty [2016] NSWDC 124 Hearing dates: 19, 25 February 2016 Date of orders: 25 February 2016 Decision date: 25 February 2016 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1. The offender is sentenced to an aggregate term of imprisonment of 2 years, 3 weeks to commence on 26 February 2016 and expiring on 18 March 2018 with a non-parole period of 6 months. 2. Under s 50 of the Crimes (Sentencing Procedure) Act 1999 I make an order directing the offender's release on parole on 25 August 2016. 3. The offender is convicted and is directed to enter into a good behaviour bond for 1 year pursuant to Section 9(1) of the Crimes (Sentencing Procedure) Act 1999 to commence on 25 February 2016 and accept the following conditions: a. The offender must be of good behaviour and appear before the court during the bond term if required. b. Notify the Registrar of the District Court of any change in his address and attend court if he receives notice to do so. 4. Adjourned to 26 February 2016 at 2pm for bail hearing. Catchwords: CRIMINAL LAW – particular offences – offences against the person – sexual offences – historical – 1970s and 1980s - sentence – particular cases – indecent assault and related offences – offender parish priest – victims teenage parishioners – sexual acts more serious crimes these days – sentencing principles for historical crimes – elderly offender in very poor health – whether to impose full-time custodial sentence – short life expectancy – whether an effective life sentence – aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Barton v R [2009] NSWCCA 164 Magnuson v The Queen [2013] NSWCCA 50 Pfeiffer v R [2009] NSWCCA 145 R v Mammone [2006] NSWCCA 138 R v Moon [2000] NSWCCA 534; 117 A Crim R 497 R v Sopher (1993) 70 A Crim R 570 Ryan v The Queen [2001] HCA 21; 206 CLR 267 Category: Sentence Parties: Regina (Crown) Robert Flaherty (Offender) Representation: Counsel: Ms L Rowan (Offender)