R v GC [2020] NSWDC 186

District Court New South Wales

Medium Neutral Citation: R v GC [2020] NSWDC 186 Hearing dates: September 2019 – 10 September 2019 (Trial)14 February 2020 (Sentence Hearing)6 March 2020 (Sentence Hearing)8 May 2020 (Sentence Hearing) Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Criminal Before: Weber SC DCJ Decision: (1) The offender is sentenced to a term of imprisonment of 16 years with a non-parole period of 10 years and 8 months.

(2) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such term of imprisonment shall commence on 10 September 2019 and that the non-parole period shall expire on 9 May 2030 with the balance of the sentence to expire on 9 September 2035. Catchwords: SENTENCING – Child sex offences – Multiple victims – Persistent sexual abuse of a child – indecent assaults, inciting acts of indecency, and sexual intercourse without consent – where offender was the uncle by marriage of the three victims – where the victims were in the care of the offender– where offending occurred over 5 year, 3 month and 5 year periods in respect to the three victims – where victims were as young as 7, 8 and 4 years old at the times the offending commenced SENTENCING – Relevant principles of sentencing – punishment, denunciation, and recognition of harm done to the victims – general deterrence, denunciation and the protection of the community SENTENCING – Objective seriousness – Upper range of offending – Aggravating factors – extremely young age of victim – offences committed in the victims' home – substantial emotional harm – abuse of trust or authority – vulnerability of victims – length of time of offending conduct – Mitigating factors – no record of previous convictions – Good character not available to offender – impact of protective custody – low risks of reoffending – advanced age of offender – Deterrence – No remorse or contrition SENTENCING – Penalties – Imprisonment – no standard non-parole period – accumulation, concurrency and totality – aggregate sentence appropriate – indicative sentences - where "special circumstances" were warranted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Clinton v R [2009] NSWCCA 276 Corby v R [2010] NSW CCA 146 Dimian v R [2016] NSWCCA 223 EG v R [2015] NSWCCA 21 Elhassan v R [2018] NSWCCA 118 Markarian v The Queen (2005) 228 CLR 357 R v Durocher-Yvon (2003) 58 NSWLR 581 R v Evans (unrep, 24/3/88, NSWCCA) R v Fisher (1989) 40 A Crim R 442 R v Hudson (unrep, 30/7/98, NSWCCA) R v McNaughton (2006) 66 NSWLR 566 R v Van Ryn [2016] NSWCCA 1 R v Way (2004) 60 NSWLR 168 RWB v R [2010] NSWCCA 147 Category: Sentence Parties: Regina (Crown)