R v Valentine [2019] NSWDC 201

District Court New South Wales

Medium Neutral Citation: R v Valentine [2019] NSWDC 201 Hearing dates: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Criminal Before: Noman SC DCJ Decision: Offender sentenced to an aggregate sentence of 22 years imprisonment with a non–parole period of 13 years. Catchwords: CRIME – historical sexual offences – indecent assault – buggery – rape – assault occasioning actual bodily harm – assault – indecent assault on a male

SENTENCING - victim under authority – penalties – imprisonment – special circumstances Legislation Cited: Crimes Act 1900 (NSW) ss 59, 61, 63, 76, 79, 81. Cases Cited: PH v R [2009] NSWCCA161 Category: Sentence Parties: Director of Public Prosecutions (Crown) Frank Valentine (Offender) Representation: Counsel: Donna Daleo (Crown) April Francis (Offender) File Number(s): 2016 /168451 Publication restriction: Non-publication order re identities of the complainants or the name of one of the institutions.

Judgment

Note: Court order made in unrelated proceedings directing that there be no publication of the name of the institution for girls or derivatives, or any material that would identify that institution, in connection with allegations of mistreatment, assault or sexual assault. 1. The offender appeared for trial at Sydney District Court on 11 February 2019. The trial proceeded as a judge alone trial. 2. The offender was arraigned on an indictment containing 39 counts of both sexual and personal violence offences contrary to provisions in the Crimes Act concerning, initially, eight victims. Pleas of not guilty were entered to all counts.