R v Grimmer [2020] NSWDC 63

District Court New South Wales

Medium Neutral Citation: R v Grimmer [2020] NSWDC 63 Hearing dates: 25 February 2020 Date of orders: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: Full-time custodial order to be served by way of aggregate term of imprisonment. For orders see [63] Catchwords: SENTENCE – Multiple offences of indecent assault person under 16 years of age – late plea of guilty Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 Muldrock v The Queen (2011) 244 CLR 120 R v Jarrold [2010] NSWCCA 69 Category: Sentence Parties: Regina (Crown) Stephen Vincent Grimmer (Offender) Representation: Ms A Pinkerton (Crown) Mr J Lo-Schiavo (Defence) File Number(s): 2017/101174 Publication restriction: Non Publication Order on the name of the complainant or any information that may identify her.

Judgment 1. The offender, Stephen Vincent Grimmer, born in 1964, is before the court for sentence for 3 counts of indecent assault person under 16 years of age, contrary to section 61M(2) of the Crimes Act 1900 and for which the maximum penalty is 10 years and the standard non-parole period is 8 years.

Evidence 1. Before me are 4 exhibits. Exhibit 1 is a bundle of documents prepared by the Crown which includes: 1. The Agreed Facts; 2. The Indictment; 3. The offender's criminal history; 4. The offender's custodial history; and 5. The Sentencing Assessment Report (SAR) under the hand of Ms Claire Takács, dated 13 February 2020. 1. Exhibit 2 is a forensic psychiatrist report from Dr Adam Martin, dated 9 December 2019. 2. Exhibit 3 is a bundle of case notes from psychologist Ms Nicole Rowe and clinical psychologist Dr Barry McNamara. 3. Exhibit 4 is a letter from Ms Linda Grimmer, dated 25 February 2020. 4. I was assisted by the written and oral submissions of Mr Lo Schiavo on behalf of the offender and Ms Pinkerton on behalf of the Crown. 5. The Agreed Facts are as follows:- 1. The victim is AB, born in 2001. The offender was aged 53 at the time of the offending. The offender was known to the victim, as they would both holiday at a caravan park during NSW school holiday periods. The offender was acquainted with the grandmother and a family friend of the victim, with whom she would stay with at the caravan park. The victim was first introduced to the offender when she was 9 years of age. The victim described the offender as being a father figure to her. 2. On 6 December 2016, the victim was interviewed at her high school where she disclosed numerous indecent assault offences committed by the offender whilst she holidayed with her grandmother and friends at the caravan park. The victim was aged 14 years at the time of the offences. 3. During the NSW school Christmas holidays of December 2015 and January 2016 (18 December 2015 – 26 January 2016) AB described the offender as starting to behave 'stupid', saying things such as "I wish I was your age." The offender began to isolate the victim from the other children, spending more time alone with her. There were no disclosed contact offences during this holiday. COUNT 4/ SEQUENCE 3 - AGGRAVATED INDECENT ASSAULT 1. During the NSW Easter holidays of 2016 (8 April 2016 -25 April 2016), the victim disclosed that the offender began touching her. She described how the offender would isolate her from others, and kiss her on the lips. She said that this usually happened in his caravan or near to it. The victim said that during this holiday, the offender began touching her by putting his hand down her pants, and touching her on the outside of her vagina. The victim described the offender putting his hand inside her underwear. 2. The offender also put his hand up her top and touched her breasts on the inside and outside of her bra. The victim would pull away and tell the offender to 'go away' which caused the incidents to cease. The victim described this as happening 'lots of times'. 3. During the NSW winter school holidays of 2016 (02 July 2016 - 17 July 2016) the victim holidayed at the residence of her family friend, rather than the caravan park. The victim recalls the offender visiting 2-3 times, but no offending took place. COUNT 5/ SEQUENCE 1 - AGGRAVATED INDECENT ASSAULT 1. During the same NSW Easter holidays of 2016 (8 April 2016 - 25 April 2016) the victim states that she went out on the offender's boat. The offender told her that they were only going out a short distance from shore, but the offender took the victim further out. The victim describes the boat as being a fishing boat. The victim states that when the boat had reached a point a considerable distance from the shore, the offender claimed that the boat motor had broken down. They remained out on the water for about three hours. During this time, the victim states that the offender tried to force himself on her. 2. The victim states that the offender kissed her on the lips several times and put his hand up her top on the outside and inside of her bra. The victim told the offender to 'stop'. The offender told the victim not to tell anyone because he could get into a lot of trouble. COUNT 6/ SEQUENCE 5 - AGGRAVATED INDECENT ASSAULT 1. During the 2016 NSW September school holidays (24 September 2016 - 09 October 2016), the victim returned to the caravan park, again staying with the family friend. The victim was in the caravan belonging to the family friend. The victim and the offender were in the upstairs area of the caravan. The upstairs area consists of the caravan and the downstairs area consists of the annex area. The victim states that whilst in the caravan the offender kissed her on the lips. The offender put his hand under her top where he touched her on her breasts. 2. It was during these school holidays that the victim got to a point where she stated that she could not handle it any longer and she had to tell someone. The victim states that she made a disclosure to a 12 year old friend about what had been occurring with the offender. She then disclosed to the family friend. The family friend and the father of the 12 year old girl approached the offender and confronted him about the allegations. The offender left the caravan park. 3. On 4 April 2017 the offender was interviewed at Wollongong Police Station. The offender made admissions to touching the victim on the breast on the outside of her clothing when they were in the family friend's caravan during the September school holidays. He said that he kissed her on the lips. 4. The offender made admissions to taking the victim out on his boat during the Easter school holiday. However, he denied touching the victim on the breast, stating he kissed her on the cheek for a short period of time. 5. The offender was charged. 1. The offender adhered to his plea and to the facts, on sentence. 2. It is further agreed that the language in the agreed facts indicates that the offences happened on multiple occasions. For example they say that, the offender would isolate her from others, and kiss her on the lips. There were details about what "usually" happened. It was agreed by both parties that while these matters happened more than once, they would inform only the surrounding circumstances as context evidence.