CIVIL PROCEDURE – application to set aside default judgment – workers’ compensation insurer claim against defendant as ‘culpable director’ of uninsured company – whether triable issue
CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity – Procuring or grooming child for unlawful sexual activity SENTENCING – Subjective considerations on sentence – Whether ‘exceptional circumstances’, including cognitive impairment and mental health issues, exist pursuant to s 20(1)(b)(ii) of Crimes Act 1914 – Sentenced to term of imprisonment and immediate release of offender on recognizance release order
CRIMINAL LAW – application for verdict by direction – pervert the course of justice – whether police investigation is “the course of justice” – where police investigation not sufficient – application granted in relation to Count 1 – hinder investigation – application refused in relation to Count 2
MERCANTILE LAW - contract – loan agreement and related guarantee - borrower in breach of repayment terms due under a loan agreement – related claim by lender under a guarantee of the loan – verdict and judgment against both defendants for the amount claimed
JUDGMENTS AND ORDERS — STAY - Stay of enforcement of judgment under s.135 Civil Procedure Act 2005 – Judgment obtained under s.26 of the Building and Construction Industry Security of Payment Act 1999 (NSW) - Owner occupier construction contract – Residential building work – Deed of variation of contract – Owner seeks to have deed set aside on grounds of duress, undue influence, unconscionable conduct, misleading or deceptive conduct or pursuant to Contracts Review Act 1980 – Stay granted on condition money paid into Court.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – heavy stone slabs stored on A-frames – lack of safety bars to stop slabs tipping – no documented safety system – no supervision or spotting provided when workers were moving stone slabs using overhead crane – worker crushed by stone slabs
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – scaffold collapse – failure to ensure scaffold was adequately tied to supporting structures – failure to maintain secondary means of stabilising scaffold – failure to have competent person regularly inspect ties – failure to prohibit unauthorised persons altering scaffold
CRIME — Sexual offences — Indecent assault — Circumstances of aggravation CRIME — Child sex offences — Indecent assault >16 — Circumstances of aggravation — Sexual intercourse with child >10 <14 SENTENCING — Aggravating factors — Breach of trust — Multiple victims SENTENCING — Guidelines for sentencing — Role of guidelines — Administration of justice was facilitated by the conduct of the defence SENTENCING — Mitigating factors — Good character — No record of previous convictions SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Sentence after guilty verdicts at trial — Delay — General principles — Moral culpability — Multiple offences — Accumulation, concurrency and totality — Aggregate sentences — Crushing sentence — Objective seriousness — Purposes of sentencing SENTENCING — Sentencing procedure —Instinctive synthesis — Disputed facts — High Risk Offender warning given SENTENCING — Subjective considerations on sentence — Significant childhood trauma — Experienced war and war related violence —Refugee
Criminal law – sentence – break and enter – delayed disposition – s 11 bail – long standing drug addiction - special circumstances – considerations informing the fixing of a non-parole period as distinct from the imposition of a head sentence – cross-roads – potential institutionalisation - demonstrated rehabilitation in the community pending disposition of sentence – community protection – public interest in not disturbing rehabilitative progress – substantial variation of statutory ratio – analogy with Commonwealth sentencing jurisprudence – where leniency might lead to or maintain reform
CONTRACTS – Terms implied by statute – Variation by incorporation – Contract for sale and delivery of concrete to a building site – Allegation that concrete not fit for known purpose – When was contract made – What were its terms – Were those terms varied by signature on delivery docket that referred to terms and conditions on vendor’s website – Did any term of those conditions contract out of the operation of the Sales of Goods Act – Construction of exclusion of liability provision – Breach – Damages
CRIMINAL PROCEDURE — Trial — Jury — Discharge of individual juror — Disobey directions against research — Bring a legal dictionary into the jury room CRIMINAL PROCEDURE — Trial — Jury — Discharge of whole jury — Disobey directions to report irregularities and risk of a substantial miscarriage of justice CRIMINAL PROCEDURE — Trial — Jury — Examination of jurors CRIMINAL PROCEDURE — Trial — Jury — Irregularities — A legal dictionary on jury room table for seven days and referred to in jury discussions
TORT – defamation – defendants’ application during adjournment of the hearing for dismissal of proceedings for asserted failure to give full discovery and destruction of a mobile phone – application dismissed
SENTENCING – Fraud – representative counts - imprisonment – general deterrence – position of trust – reparation payment – limited personal deterrence – plea of guilty – no genuine remorse – hardship to family – aggregate sentence
CIVIL PROCEDURE — Interim preservation — Freezing orders EQUITABLE LIEN – whether fruits of the action lien available to barristers LEGAL PRACTITIONERS – when a costs dispute arises
CRIMINAL PROCEDURE — Trial — Judge-alone — Reasons of trial judge — One count of intimidation and related offence of common assault — Previous serious sexual assault charges dropped on day 1 of the trial — Matter remained in District Court — Duplicity of charges — Multiple inconsistencies between complainant and accused — Volatile and toxic relationship — Not Guilty verdict.
SENTENCING — Principle of totality — Backdating when offender previously sentenced for related offending and that sentence expired many years prior to charging, arrest and sentencing for index offences — Offender in continuous custody referable to two prior sentences for over 12 years at the time of sentence — Analysis of the Court’s ability to backdate a sentence to a date before the charging and arrest of the offender for the index offences — Court found the discretion in section 47 of the Crimes (Sentencing Procedure) Act 1999 allows for the imposition of an appropriate length of sentence, and to then backdate the commencement date into the pre-existing period of unbroken custody, notwithstanding the sentence previously being served was for a different offence and that the charge for the current matter had not yet been preferred.
SENTENCING — Relevant factors on sentence —Repeat offender, extensive criminal history — Numerous break and enter offences to fund “ice” addiction — Relevance of Bugmy factors — Role of specific and general deterrence — Remorse expressed by offender to his psychologists contradicted by record of remorse in SAR — Victim impact statement taken into account.
CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material CRIME — Child sex offences — Child abuse material — A registrable person failing to comply with reporting obligations without reasonable excuse SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Mitigating factors — Rehabilitation SENTENCING — Subjective considerations on sentence — Hardship — Hypervigilance with anxiety suffered from previous sexual assaults in prison
Crime – Sentence – Maintain unlawful sexual relationship with a child - Sexual intercourse with child aged under 10 years - Indecent assault of child aged under 16 years - Sexual intercourse with child aged under 14 years
CRIME – Sentencing – Sexual intercourse with child under the age of 10 years – Failure to comply with reporting obligations – Repeat child sex offender – Negligence by the Department of Communities and Justice
CONTRACT – Franchise agreement and licence to operate a Korean fried chicken business – Proper construction of license agreement CONSUMER LAW – Section 18 of Australian Consumer Law – Misleading and deceptive conduct – Causation – Damages
CORPORATIONS – Winding up – Claim by liquidator for recovery of unreasonable director-related transactions – Money paid by company to sole director’s mother – Defence of loan – Evidence – Proof – Distinction between unreasonable director-related transaction claim and claim for preferences – No need for company to be insolvent – Defences to preference claim not available
CRIME – judge alone trial – high risk offender – previous conviction and sentence for murder of an infant – released into the community on an extended supervision order – non association with children condition - alleged contravention of extended supervision order – alleged associating with young children at a beach visit – meaning of associate – relevant actus reus and mens rea of offence -
CRIME – child grooming and procuring offences STATUTORY INTERPRETATION – meaning of ‘indecent material’ – s 66EB(3)(a) of the Crimes Act 1900 (NSW) EVIDENCE – complaint evidence – Crown relies upon complaint witness to give evidence – aspects of evidence not expected to be the subject of direct evidence of evidence by a complainant – whether evidence admissible
CRIME – sentencing – manslaughter – unlawful and dangerous act – provocation – intellectual impairment – reduction in moral culpability – general and specific deterrence
CRIMINAL LAW – accused not fit to be tried – special hearing – cultivating prohibited plants in an amount not less than the large commercial quantity to that plant
CRIME — Property offences — Break, enter, in company, steal — Circumstances of aggravation — Take and drive a conveyance — Larceny CRIME — Violent offences — Robbery in company SENTENCING — Aggravating factors — Breach of conditional liberty — In company — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty — Remorse SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders — Form 1 offences — Moral culpability — Multiple offences — Accumulation, concurrency and totality — What is a crushing sentence — Objective seriousness — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Aboriginal offenders — Drug addiction — Intoxication — Mental illness and disorders — Risk of institutionalisation — Traumatic and abusive childhood — Disadvantaged childhood
CHILD WELFARE – appeals from decision of Children’s Court – appointment of guardian ad litem for Mother during the hearing – subsequent adjournment of proceeding – Guardian subsequently applies for discontinuance of appeal proceeding – whether proceeding could be discontinued – whether discontinuance requires leave – if discontinuance requires the Court’s leave – whether leave should be granted
WORKERS COMPENSATION – Application for leave for extension of time – Substantial delay – Explanation for delay – Failure to notify employer of potential claim – Presumed and actual prejudice – Chances of a fair trial – Appropriate costs order
LAND LAW — Strata title — Owners corporation — Contributions by owners – Recovery of unpaid contributions and interest – Unpaid strata levies – Notice of Levy
TORTS – Medical negligence – Claim under Civil Liability Act – Alternate claim under Common Law based on operation of s 3B of Civil Liability Act – Intentional act – Causation – Meaning of “intention to injure” in medical context – Limitations defence s 50D Limitation Act – Discoverability – Subjective and objective – Damages
CRIMES-SENTENCE- use offensive weapon with intent to commit indictable offence - assault occasioning actual bodily harm - fail to stop and assist after an impact causing injury - special circumstances
CRIME — Violent offences — Armed robbery — Dangerous weapon CRIMINAL PROCEDURE — Back up and related offences — Drug offences — Possess prohibited drug — Firearms offences — Possess prohibited firearm SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions — Near identical past offending — Vulnerable victim SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty — Remorse — Reduced moral culpability SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — — Multiple offences — Totality — Deterrence — Factual basis for sentence — Disputed facts — General principles — Objective seriousness — Purposes of sentencing — Community protection SENTENCING — Sentencing procedure — Disputed facts — Instinctive synthesis — Rejection of evidence — Findings of fact SENTENCING — Subjective considerations on sentence — Drug addiction — Recidivism —Institutionalisation — Unable to live a normal community life
CRIME — Child abduction — Contempt of court CRIMINAL PROCEDURE — Trial — Jury — Self-represented accused CRIMINAL PROCEDURE — Procedural and other rulings — Contempt of court — Insulting conduct — Summary hearing for contempt — Persistent disobedience — Attempts to disrupt proceedings — Talking over judge and prosecutor — Failure to ask questions — Demeaning questions and comments to witnesses — Penalty for contempt CRIMINAL PROCEDURE — Persistent contempt of court — Ensuring a fair trial — Sovereign citizen — Refusal to accept jurisdiction of court — Dealing with contempts by accused in a jury trial — Perverting miscarriage — Ensuring continuation of the trial — Ensuring procedural fairness in the face of deliberate and persistent contempt of court CRIMINAL PROCEDURE — Procedural and other rulings — Refusal of adjournment MENTAL HEALTH — Criminal proceedings — No question that accused fit to be tried SENTENCING — Penalties — Contempt — Rising of the court CRIME — Bail — Detention application — Full-time custodial sentence inevitable
CRIME — Drug offences — Supply prohibited drug — < Indictable quantity CRIME — Firearms offences — Possess prohibited firearm — Acquire pistol — Firearms prohibition orders — Use prohibited weapon — Contravene firearms prohibition order — Goods suspected of being stolen CRIMINAL PROCEDURE — Back up and related offences SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions — Contravene firearms prohibition order — avoiding double counting SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment
NEGLIGENCE – Personal injuries – Injury at primary school whilst Plaintiff engaged in long jump event – Risk of harm – Adequate precautions – Res ipsa loquitur – Causation – Damages – Held no failure by school to take adequate precautions against risk of harm
CRIME — sentencing — offence under the Criminal Code Act 1995 (Cth), s 474.22(1), s 474.22A(1) — use a carriage service to access child abuse material — use a carriage service to transmit child abuse material — possess child abuse material obtained using a carriage service — Bugmy considerations — rehabilitation — recognizance release order
CRIME – Child sex offences – Sexual intercourse with child >14<16 SENTENCING – Mitigating factors – Assistance to the authorities SENTENCING – Relevant factors on sentence - The offender’s lack of knowledge concerning the age of consent
CRIME — Violent offences — Recklessly cause grievous bodily harm — Alcohol fuelled violence — One punch attack SENTENCING — Mitigating factors — Good character — No record of previous convictions — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — General principles — Purposes of sentencing — Deterrence — General deterrence — Moral culpability — Objective seriousness — Assessment of objective seriousness based on a notional scale SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Age of offender — First time offender —First time in custody — Strict bail conditions — Abstention from alcohol SENTENCING — Victim Impact — Brain Injury — Loss of professional career
SENTENCING — Drug offences — Commonwealth offences – possess marketable quantity of unlawfully imported border-controlled drug – traffic marketable quantity of controlled drug – import marketable quantity of border-controlled drug – imprisonment
LEASES AND TENANCIES — Alleged failure to make good in accordance with terms of a lease – Lease term – Proper construction of make good clause – No fair wear and tear exception – Onus of proof as to any diminution of property for the purpose of s 133A of Conveyancing Act – Proper construction of s 133A of Conveyancing Act – Applies to make good obligations created by agreements that do not themselves create an interest in land
PRACTICE AND PROCEDURE – Rehearing after initial hearing and successful appeal – Matter remitted by Court of Appeal – Issues already decided – Issue estoppel – Procedure adopted – Transcript of first proceedings admitted into evidence EVIDENCE – Tendency evidence – Section 97 of Evidence Act CONSUMER LAW – Section 18 of Australian Consumer Law – Misleading or deceptive conduct – Causation – Damages CONSUMER LAW – Section 44(1) and s 44(2) of Australian Consumer Law – Participation in pyramid scheme s 44(1) – Inducing a person to participate s 44(2) – Proper construction of s 44 of Australian Consumer Law – Causation – Damages
Sentencing; multiple counts of corruptly receiving, as an agent, money as a reward for facilitating business opportunities; and aiding and abetting an agent to corruptly receive money as a reward for facilitating business opportunities.
CRIMINAL PROCEDURE – Jurisdiction – Accused serving a custodial sentence in another state – Jurisdiction of the Local Court – Accused’s presence within NSW for entering pleas – warrants – ex officio indictment – interstate prisoner transfer.
COSTS – referral of defamation trial costs issues to referee pursuant to UCPR r 20.24 – whether report should be adopted – whether costs should be awarded on the ordinary or indemnity basis – no issue of principle
CRIME – indecently assault child under 16 - sexually touch child aged 10-16 - groom child under 14 for unlawful sexual activity – multiple victims over several years – guilty plea at trial – no remorse – consideration of offender’s ill health – custody more onerous
CRIME — Appeal and review — Appeal from Local Court to District Court — By person convicted against conviction CRIME — Violent offences — Common assault CRIME — Violent offences — Stalking or intimidation
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities
TORT – defamation – plaintiff brings proceedings after he is named by the defendants as the author of an e-book “Seduction Chronicles of a Psychopath” - defendants plead justification based on the e-book extracts in their possession and issue a subpoena to obtain a full copy – e-book provided in response to subpoena to third party - parties agree to settlement subject to the defendants seeking leave to be released of their Hearne v Street obligations to enable them to provide the e-book to NSW and Queensland police – defendants released from Hearne v Street obligations – limited non-publication order sought by defendants under the Court Suppression and Non-publication Orders Act 2010 (NSW) granted but wider non-publication order sought by plaintiff refused.
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences - Accumulation, concurrency and totality – Co-offenders – Parity – Regard for sentence imposed in another state - Specially aggravated break and enter – Detain for advantage – Armed robbery – Assault with intent
TORTS — Trespass to the person — False imprisonment — Wrongful arrest — Total deprivation of liberty — Statutory authority — s 99 LEPRA — Proper construction of s 99 LEPRA — Timing of formation of relevant state of mind and decision to arrest — State of mind formed by taking into account irrelevant considerations or failing to take into account relevant considerations, or by otherwise misconstruing the terms of s 99 LEPRA — no relevant state of mind formed — State of mind/decision manifestly unreasonable, arbitrary, or irrational — Damages — General damages — Aggravated damages — Exemplary damages — Remedies — Bail Act 2013 — Ability of police to grant bail to a person charged with offence but not arrested
CIVIL PROCEDURE – notice of motion to strike out statement of claim – whether there is no reasonable cause of action – tests for lack of cause of action – pleaded cause available at law – must take plaintiff’s case at its highest CIVIL PROCEDURE – notice of motion to file an amended statement of claim – proposed amendment pleads new cause of action – fails to plead the breach and a dollar figure for damages – particulars need to be much improved –– credit to defendant for loans does not have to be pleaded COSTS – costs in the cause – protects party ultimately proved correct about the key factual issue in the case
CRIME – Sentence – Commonwealth Crime – Use carriage service to transmit child abuse material – text based child abuse material - produce child abuse material – texting text based child abuse material – Victim aged sixteen years – Coerced into crime.
CRIME — Domestic violence — Stalking or intimidation — Break, enter and commit serious indictable offence — Circumstances of aggravation CRIME — Violent offences — Assault occasioning actual bodily harm — Detain for advantage — Choking without consent — Use offensive weapon to commit indictable offence CRIME — Violent offences — Back up offence — Robbery — Not guilty CRIME — Violent offences — Common assault — Finding of guilt CRIME — Domestic violence — Breach of Apprehended Domestic Violence Orders — Finding of guilt — Back up offence TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Driving recklessly furiously — Back up offence withdrawn and dismissed SENTENCING — Aggravating factors — Presence of children — Record of previous convictions — Breach of Apprehended Domestic Orders SENTENCING — Guidelines for sentencing SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — General deterrence — Objective seriousness — Purposes of sentencing — Moral culpability SENTENCING — Sentencing procedure — Sentence after trial — Instinctive synthesis — Assistance in the facilitation of trial procedure SENTENCING — Subjective considerations on sentence — Acquired Brian injury — Mental Health Disorders —Adjustment Disorder — Drug addition — Harsh discipline in childhood
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine – Training Order – Work Health and Safety Undertaking SENTENCING PRINCIPLES - no record of previous convictions – good character - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities
CIVIL – liability of employer – non delegable duty of care – breach of duty of care – causation - contributory negligence – failure to mitigate – assessment of past and future economic loss
CRIMINAL PROCEDURE — stay of proceedings — permanent – application for permanent stay of a special hearing following finding applicant not fit to stand trial – matter to proceed by way of judge alone special hearing – principles applicable where application based on common humanity ground – degree of impaired cognitive functioning – reduced life expectancy – suicidal ideation – evidence of physical independence – evidence of cognitive thought processes – general principles applicable to permanent stay applications
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker – application to amend summons
CRIME — Violent offences — Assault occasioning actual bodily harm — Offensive weapon with intent to commit indictable offence CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation CRIME — Property offences — Destroying or damaging property — Larceny CRIME — Summary offences — Custody of knife in public place SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — Moral culpability — Objective seriousness — Middle range for Sequence 6 — Consideration of community protection — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addiction — Intoxication — Stimulant and Opioid Use Disorders — Learning deficiencies — Childhood sexual abuse
Criminal law and procedure – appeal from the Local Court to the District Court – conviction appeal – resist police officer in the execution of his duty Lawfulness of arrest – whether there was arrest WORDS AND PHRASES – “arrest” – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 202
CRIME — Child sex offences — Child abuse material — Production of child abuse material — Groom child under 14 years for unlawful sexual activity — Carry out sexual act towards another without consent CRIME — Federal offences — Possess or control child abuse material obtained or accessed using carriage service CRIME — Confiscations — Consent forfeiture order SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Moral culpability — Objective seriousness — Community protection — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addictions in remission — Mental illness and disorders — Attention Deficit Hyperactivity Disorder — Schizoaffective Disorder — Adjustment Disorder
POLICE – SUPERANNUATION – JURISDICTION – Plaintiff asks the Court to make a decision setting aside decisions of Defendant and remitting matter back to Defendant – Court has no power to do so – If Court sets aside Defendant’s decision it must replace it with another decision - such relief not sought – Adjourned to allow Plaintiff to seek mandamus against Defendant in Supreme Court.
CRIME – Appeal and Review – By person convicted against conviction MENTAL HEALTH – Criminal proceedings – Diversionary scheme - Diversion of person into mental health treatment – s 20BQ Crimes Act 1914 (Cth) – Definitions “mental illness” STATUTORY INTERPRETATION – Meaning of the phrase “mental illness within the civil law of the State or Territory” in s 20BQ Crimes Act 1914 (Cth)
CRIME — Child sex offences — Sexual intercourse with child <10 — Indecent assault with child >10 — Circumstances of aggravation — Sexual intercourse with child >10 <14 — Circumstances of aggravation SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Moral culpability — Objective seriousness — Form 1 offences — Delay SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Alcohol addiction — Mental illness and disorders — Ill health — Advancing age — Childhood sexual abuse by father — Exposed to alcohol abuse and domestic violence in childhood
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty
CRIMINAL LAW – sentencing – specially aggravated entry into a dwelling house – Crown reliance at trial on (extended) joint criminal enterprise – offender has engrained heroin addiction – whether appropriate, as part of orders, to refer offender to the Drug Court
CRIME — Drug offences — Supply prohibited drug — Quantity more than the indictable quantity and less than the commercial quantity — Participate in a criminal group — Knowingly deal with the proceeds of crime TRAFFIC LAW AND TRANSPORT — Traffic law — Related offences — Drive motor vehicle whilst disqualified — Make a U-turn at traffic lights SENTENCING — Penalties — Imprisonment SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Objective seriousness — Intensive Correction Order not available SENTENCING — Subjective considerations on sentence — Drug addiction — Gambling addiction— Impact of COVID-19 — Progress toward rehabilitation— Powerful subjective case — Long period on remand — Compliance with bail conditions — Should there be a return to custody
CRIME – SENTENCE – PLEAS OF GUILTY AID IN IMPORTATION OF COMMERCIAL QUANTITY OF BORDER CONTROLLED DRUG - 53.46 kilograms of methamphetamine – Criminal Code Act 1995 (Cth) s 307.1(1). AID IN TRAFFICKING OF MARKETABLE QUANTITY OF CONTROLLED DRUG - 492.7 grams of Cocaine - Criminal Code Act 1995 (Cth) s 302.3(1). POSSESSION OF PROHIBITED FIREARM - Gel ball air gun. Criminal history – Disadvantaged background – Contrition and remorse – Good prospects of rehabilitation – Limited involvement in importation and trafficking.
CRIME – sentence – two Commonwealth offences – import commercial quantity of border controlled drug – s307.1(1) Criminal Code 1995 – maximum penalty life imprisonment – import marketable quantity of border controlled drug – s307.2(1) Criminal Code 1995 – maximum penalty 25 years imprisonment OFFENCE – 59 paragraph agreed facts – in reality summary of evidence and too long – July 2012 – offender and co-offender recovered quantities of drugs from stockpile in offender’s apartment in Hong Kong – co-offender taped four bags of cocaine to inner thighs – offender carried methamphetamine in protein powder tub – boarded Cathay Pacific flight to Sydney – during flight offender concealed drugs behind business class toilet – offender’s brother employed by Cathay Pacific at Sydney Airport with security clearance – arranged to be on shift – recovered drugs – used clearance to leave Sydney Airport without passing security – placed drugs in car – arrested by AFP ARREST – offender aware of brother’s arrest – met with AFP – told he was free to leave for Thailand but would be arrested at some future date – offender flew to Thailand where he resided for 11 years with wife and children – deported by Thai authorities in 2023 after 1 month in detention after visa expired – arrived in Sydney March 2023 – arrested immediately – bail refused since OBJECTIVE SERIOUSNESS – middle range – offender played critical and central role in importation – actual knowledge of quantities – general deterrence SUBJECTIVE FACTORS – offender now vastly different person – limited and irrelevant criminal history – dysfunctional upbringing – drug addiction from young age – met wife on holiday in Thailand – now have two children – overcame addictions upon return to Thailand in August 2012 – positive relationship with family – now suffering major depressive disorder – significant impact on family – expressed genuine remorse SENTENCE – early plea – 30% discount – parity – three co-offenders have been sentenced – delay – demonstrated real rehabilitation in intervening period – single NPP
CRIMINAL LAW – Accused not fit to plead because of mental or cognitive impairment – special hearing – whether Accused committed multiple ‘historical’ counts of indecent assault or sexual assault against daughter and granddaughter
EVIDENCE – criminal proceeding – special hearing – Crown application for leave to revive witness’ memory in court – proposed revival by reference to witness’ statement to police – witness statement made in 2019 about events allegedly occurring in 1997 – materiality of witness finding that facts recorded in witness statement were accurate when made – consideration of document was made when events recorded in witness statement were ‘fresh in the memory’ – consideration of s 192 factors – significance of the nature of the proceeding, being alleged historical sexual assault allegations by father against daughter – consideration of unfairness to the defendant
CIVIL PROCEDURE – judgment creditor’s enforcement of costs orders – application to authorise Sheriff to enter premises of judgment creditor to take possession of goods – Sheriff interpleader CIVIL PROCEDURE – whether compliance with rules for filing and serving notices of motion – filing requirement – whether requirement to ‘seal’ motion –requirement for personal service – whether direction for informal service should be made ADMINISTRATIVE LAW – functions of Sheriff under Sheriff Act 2005 (NSW) – whether by applying for interpleader, the Senior Sergeant in whose name the application was brought had exceeded authority
CRIME – sentence – two offences – possess child abuse material – s91H(2) Crimes Act 1900 – maximum penalty 10 years imprisonment – possess bestiality material – s547E(2) Crimes Act 1900 – maximum penalty 3 years imprisonment EAGP SCHEME – delayed 1 year in Local Court – 11 mentions before committal – pleas of guilty inevitable – waste of court resources OFFENCE – NSW Police Child Exploitation Unit – discovered downloads by offender of CAM over 5 days in March 2023 – search warrant – devices seized and examined – CAM found – offender arrested April 2023 – 213 images and videos category 1 – 315 images and videos category 2 – 17 images and videos bestiality material OBJECTIVE SERIOUSNESS – sequence 1 – lower range – not victimless crimes – real children depicted – damage done to children is profound – fuels fantasies of child sexual assault offenders – short period of time – possession in circumstances where CAM embedded in enormous volumes of downloaded electronic material – majority was legal pornography, movies and television shows – offender viewed the material – did not intentionally seek out – sequence 2 – below mid-range – new offence – involved real adults and children engaging in sexual acts with animals – downloaded in similar way SUBJECTIVE FACTORS – aged 39 – no criminal record – intelligent with tertiary qualifications – never had an intimate relationship – lives in state of social isolation – experienced emotional and physical abuse from father – depression and anxiety – receipt of psychiatric and psychological care – severe obesity requiring sleeve gastrectomy – suffered severe back injury – developed dependence on painkiller medication – dulled ability to make proper judgements – financially and emotionally supported by mother since arrest – diagnosed with multiple psychiatric conditions – offending arose in context of offender’s social isolation – maladaptive method of coping with conditions – began downloading large amounts of material during COVID – form of digital hoarding – relieved anxiety and form of distraction – apology letter to the Court – indicative of serious mental illnesses SENTENCE – sequence 1 – early plea – 25% discount – expressed real remorse and contrition – good prospects of rehabilitation – medium low risk of reoffending – threshold not crossed – exceptional case – CCO – sequence 2 – threshold not crossed – CCO
CRIME — Bail — Detention application – Oral Detention Application immediately after guilty verdicts — Ex Tempore Judgment — 3 child complainants — 8 counts of sexual touching — Verdicts of not guilty for 2 other complainants — On bail since arrest in October 2020 — Strict conditions and no breach — Not Show Cause offences — Gaol term highly likely or inevitable — Offender had moved away from the area where offences committed — Only additional identified risk was risk of flight because of conviction — No evidence to indicate increased risk of flight but any such risk alleviated by additional conditions being surrendering passport and not approaching points of international departure — No other evidence led by Crown to support detention application — No demonstrated risk to other children — Sentence date 5 August 2022
CRIME — Child sex offences — Sentence following guilty verdicts — Eight counts of sexual touching three children aged between 10 and 16 years old — Two counts fall in the bottom of the range of objective seriousness — Five counts slightly below midrange of objective seriousness — One count falling in the midrange of objective seriousness — Offences took place in the Bega area and in the Kosciuszko National Park area — Offender was 64 at the time of the offending — Victims were friends with offender’s daughters — Offending behaviour was opportunistic and occurred when the victims were either visiting one of the offenders daughters at offenders home or when victims attended camping trips with the offender and one of his daughters — Offender has lack of significant convictions on criminal record — Victim impact statements received and impact on victims considered — Offender has good prospects of rehabilitation and little likelihood of reoffending — Extra Curial punishment per public opprobrium via disproportionate and sensational media reporting — Some hardship to family likely after incarceration being increase of current hardship to teenage daughters.
CRIMINAL PROCEDURE — Adjournment Application — Sentence proceedings — Application of offender, opposed by Crown — Sentence following verdicts of guilty for 8 counts of sexual touching of children between 10 and 16 — Maximum penalty of 10 years imprisonment — Full-time custody inevitable for most offences — Crown Detention Application following trial previously dismissed in Supreme Court — Possibility of sentence adjournment disclosed in those proceedings — Adjournment of sentence sought for offender to undergo cancer surgery and further cancer testing both scheduled to occur soon — Delaying surgical treatment will likely have adverse impacts on offender’s health — Reference to disruptive impact of COVID-19 pandemic on the NSW Correctional system including the provision of medical services to prisoners — Finding that planned cancer surgery unlikely to occur on or before scheduled date if offender in custody — Victims desire for closure and finalisation considered — Need for Court to have proper evidence about the offender’s health status and prognosis at sentence — On balance in the interest of justice to allow the adjournment.
CORPORATIONS — Winding up — Claim by liquidator of company in liquidation for damages caused by alleged “insolvent transaction” being a “voidable” and “uncommercial” transaction entered into within 2 years of the “relation back date” – Evidence – Proof of insolvency – Claim for interest – Claim for outstanding debt - Proof
PRACTICE AND PROCEDURE – claim by litigant in person for removal of bus shelters brought against the Gosford City Council – prior applications for the same relief against the same defendant in the Local Court at Wyong and in the Land and Environment Court – defendant seeks orders pursuant to UCPR rr 13.4 and 14.28 for summary dismissal – plaintiff does not seek leave to amend - statement of claim struck out and proceedings dismissed with costs.
CRIME – Commonwealth drug offence – attempt to possess commercial quantity of unlawfully imported border controlled drug – 1,976.7 grams pure heroin – primary offence – s307.5(1) Criminal Code Act 1995 – three co-offenders – joint criminal enterprise – maximum penalty life imprisonment AGREED FACTS – consignment arrived in Sydney from Thailand – concealed in 24 handbags – AFP seized – 3,797.2 grams – purity of 73.6% – controlled delivery – offender delivered consignment to co-offender’s residence – CCTV footage and surveillance OBJECTIVE SERIOUSNESS – bottom range – involved in joint criminal enterprise for 2 hours – limited role – not connected to importation or planning – committed for financial gain – offender’s role very low in overall hierarchy – subject to CCO – seriously addictive drug – value ranging from $428,000 to $2.7 million SUBJECTIVE FACTORS – 32 year old Indigenous Australian man – dysfunctional and disrupted background – minimal criminal record – well-educated – good sportsman – work history – best friend died from drug overdose – suffered serious life-changing trauma – spiralled out of control – significant drug and alcohol abuse – in custody during COVID lockdowns – 200+ days in isolation – extensive range of community supports – suffers from mental health impairments including PTSD – early plea of guilty – 25% discount for utilitarian value – needs intensive support and treatment – prospects of rehabilitation good – low risk of reoffending – genuine remorse and contrition
CRIME – pretrial applications – admissions made in recorded pretext call by complainant – improperly obtained evidence – whether truth of admissions were adversely affected CRIME – pretrial applications – admissions made during secretly recorded conversations – consideration of probative value and unfair prejudice
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities WORK HEALTH AND SAFETY – workers not qualified to erect scaffolding
CRIME – sentence – sequence 3 – use carriage service to procure person under 16 years – s474.27AA(1) Criminal Code Act 1995 – sequence 4 – use carriage service to transmit indecent communication to person under 16 years – s474.27A(1) Criminal Code Act 1995 OFFENCE – Police Child Exploitation Internet Unit – conducting covert online duties – social network website chatiw.com – used assumed online identity – 40 year old woman who purported to have nine year old daughter – offender initiated conversation with CEIU16 – sequence 3 – six separate conversations between 22 June and 27 July 2022 – sequence 4 – offender sending picture holding his penis to fictitious child OBJECTIVE SERIOUSNESS – no real child involved – not a mitigating factor – decreases overall objective criminality but does not reduce the offender’s moral culpability – immediate term of imprisonment ordinarily warranted in absence of exceptional circumstances – Court must take into account age and maturity of person – construction of s474.29AA(1)(b) – not accepted to operate as mandatory aggravating factor on sentence where a fictitious child – sequence 3 – middle range – sequence 4 – less serious SUBJECTIVE CASE – aged 47 – stable de facto relationship with partner for 26 years – two daughters aged 20 and 13 – prior good character – post-arrest diagnosis of autism spectrum disorder – pre-existing mental illness – NDIS plan with disability support – offending was directed to his own sexual gratification – autism spectrum disorder played some part – accept some involvement was a function of social isolation and loneliness – ongoing interest in similar matters for five years – undertaken treatment following arrest – risk of reoffending relatively low – genuine remorse and contrition DELAY – 9 months between charging and committal for sentence – committal inevitable – unnecessary mentions in Local Court adding to extraordinary workload – no substantive difference between original charges and charges for sentence – system fault – delay in District Court exacerbated by wildly inaccurate estimates of sentence – flow on effect to administration of Court and adverse effect on others awaiting sentence SENTENCE – general and specific deterrence – 25% discount – utilitarian value of guilty plea – partial accumulation – totality – aggregate sentence of imprisonment – rejected accused submission that s474.27AA offence open to be served by way of ICO because not specifically referred to in s 67(2)(e) Crimes (Sentencing Procedure) Act 1999 – exceptional case – aggregate term of imprisonment with immediate recognizance release order
CRIME – conviction appeal – sexual touching without consent – s61KC(a) Crimes Act 1900 – offences proved after hearing in Local Court – appellant convicted and sentenced to 18 month ICO – sentence appeal – possess prohibit drug – s10(1) Drug Misuse and Trafficking Act 1985 – appellant convicted and fined $500 CONVICTION APPEAL – issue whether absence of consent proved beyond reasonable doubt – consent given on complainant’s mistaken belief sexual activity was for health purposes – appellant was a medical practitioner in emergency department – complainant attended as patient – versions of complainant and appellant were diametrically opposed – complainant initiated contact – attended appellant’s home after hospital visit – appellant engaged in sexual behaviour believing consensual – complainant believed it was part of the treatment – appellant recognised crossing ethical boundaries and stopped the offending – prosecution could not exclude plausible alternative hypothesis – not satisfied lack of consent established beyond reasonable doubt SENTENCE APPEAL – appellant possessed three 10ml vials of anabolic steroids – less than a small quantity – personal use to lose weight – well-hidden and no risk – breached ethical boundaries – minor offence – not appropriate that conviction recorded – rehabilitation better without conviction CHARACTER – good character – no prior convictions – positive character evidence – appellant well-regarded medical doctor in public hospital system for 15 years – character reference from previous colleague and nurse speaking of his hard work – lost job shortly after being arrested – appellant has been undertaking ICO sentence because of misunderstanding – sentence not stayed – meant that appellant has had ongoing contact with a psychologist
Trespass to land – Assessment of the damages incurred by owner of property: loss of rent, costs of remediation of property after vacated by trespasser.
CRIME – Appeal from Local Court – Whether Magistrate ought to have made the order sought by the appellant because of his mental health at the time of offending and at time of sentence.
CHILD WELFARE – care and protection – final care orders reposed all aspects of parental responsibility for child in the Minister for Families, Communities and Disability Services – Mother’s unsuccessful application for leave to appeal Children’s Court’s decision – appeal to District Court – whether ‘significant change in circumstances’ – evaluation of mandatory and additional considerations – whether arguable case STATUTORY INTERPRETATION – consideration of significance of recent amendments in the Children and Young Persons (Care and Protection) Act 1998 (NSW) in ss 9A(2)(b) and 10A(b)(1) to applications under s 90 of the Act
CIVIL PROCEDURE – summary judgment – repudiation of subcontract – notice of default – payment claim – matter arising under the construction contract – pay now argue later
Practice and Procedure – Requests for Particulars – Inability of a party to obtain a witness statement / affidavit – UCPR 31.4(8) – Late application to file a cross-claim.
Practice and Procedure – Discovery – Plaintiff seeking further discovery – No reasonable grounds for Court to believe that all relevant documents had not been discovered.
CRIME – SENTENCE – Deemed supply of prohibited drugs – Drugs used by offender and by others living with him – No evidence of actual supply – Prior good character – Male aged 54 years – Suitable case for an ICO.
Workers Compensation – Whether worker suffered an injury resulting in L4-5 disc prolapse requiring surgery – Disc had been degenerate long before plaintiff commenced coal mining but had been asymptomatic.
Workers Compensation – Whether need for shoulder surgery on 1 November 2022 resulted from injury occurring prior to 22 June 2018 (when worker resigned) or to a novus actus interveniens.
LOAN – Defendant and his wife solicit the plaintiffs (her parents) for funds for a series of three family homes – repayments made over a lengthy period – whether a loan or a gift - LIMITATION OF ACTIONS - date of accrual of cause of action based on a debt - existence of confirmation of debt and operation of s 54 of Limitation Act - proceedings commenced within limitation period
CRIME – Sentence – Drug offences – Commonwealth offences – Co-offenders – Trafficking a marketable quantity of methamphetamine: s 302.3(1) of the Criminal Code (Cth) – Deal with money the proceeds of crime: s 400.7(1) of the Criminal Code (Cth)– General deterrence – Contrition, insight, and remorse – Objective seriousness of drug offences – Strong subjective cases – Parity.
CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years --- Multiple victims, offender the grandfather of the victims CRIME — Sexual offences — Aggravated sexual assault — Victim under authority --- Committed whilst under authority of grandparents CRIME — Sexual offences — Indecent assault
CRIME — Sexual offences — Indecent assault --- Historical offences against victims under 16 years of age by priest of the Catholic Church SENTENCING — Relevant factors on sentence — Delay --- Impact of delay on principles of totality and proportionality, considering previous period spent in custody – Imposition of Community Corrections Order SENTENCING — Subjective considerations on sentence — Age of offender --- Advanced age which would make custody more onerous --- consideration of advanced age on need for general and specific deterrence SENTENCING — Subjective considerations on sentence — Health issues --- Health concerns which would make custody more onerous
CRIME — Driving offences — Dangerous driving occasioning death — Momentary inattention — Lower end of objective seriousness — Approaching the lowest end of the continuum of moral culpability — Genuine remorse and contrition.
Crime – Sentence – Use offensive weapon with intent to intimidate – Possess prohibited weapon – Being unlawfully in possession of more than three firearms – Possess prohibited weapon in contravention of weapon prohibition order – Domestic violence
TORTS — Trespass to land — Inclosed land EQUITY — Equitable remedies — Injunctions COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers
CIVIL – Contract – Banking and finance – Instruments – Convertible notes – Proper construction of convertible note stipulation deed – “Liquidity event” – “Shareholders’ approval” – In the circumstances the debt has not been converted to equity – Plaintiff entitled to judgment for unpaid debt
CRIME – Property offences – Enter dwelling with intent – Dishonestly obtain property belonging to another – Attempt to steal motor vehicle – Dispose of stolen property – Sentence – Objective seriousness – Aggravating and mitigating factors – Co-offenders – Parity – Moral culpability – Intensive corrections order
Crime – costs – not guilty verdict – hypothetical prosecutor – possessed of all of the relevant facts – residual discretion – no reasonable prospect of securing a conviction
COSTS – application by the largely successful defendant for an indemnity costs order pursuant to s 98 of the Civil Procedure Act 2005 (NSW) against the largely unsuccessful self-represented plaintiff – defendant seeks indemnity costs assessed on a specified gross sum basis against unco-operative plaintiff who obtained judgment for only nominal damages assessed at $1.00 for a conceded trespass to her property – trespass was of trifling short duration – plaintiff did not accept defendant’s Calderbank offer made prior to commencement of proceedings – plaintiff did not accept three subsequent valid offers of compromise – all offers made by defendant were reasonable and represented genuine attempts to reach a compromise of the plaintiff’s claim – plaintiff claimed multiple counts of intentional torts by police officers – judgment obtained by plaintiff significantly worse result than all of defendant’s offers – consideration of plaintiff’s litigation conduct which needlessly protracted proceedings – defendant incurred substantial legal costs of $364,959.12 including interest claimed pursuant to s 101 of Civil Procedure Act 2005 (NSW) plus GST – pyrrhic victory for plaintiff – consideration of costs consequences of plaintiff’s litigation conduct which influenced quantum of costs incurred by the defendant – plaintiff’s refusal to rationally engage with those offers and accept them was unreasonable – plaintiff’s litigation conduct was unreasonable – order for plaintiff to pay defendant’s costs on an indemnity basis from 26 February 2022 in the assessed discounted specified gross sum of $320,000 including interest and GST
APPEAL – Appeal from Small Claims Division of the Local Court pursuant to s 39(2) Local Court Act 2007 (NSW) – Whether denial of procedural fairness – Appeal dismissed with costs
CRIME - SENTENCE - supply a prohibited drug greater than the large commercial quantity - knowingly take part in the manufacture of a prohibited drug in an amount greater than the large commercial quantity - knowingly deal with the proceeds of crime - participating in a criminal group - expert witnesses - departure from Code of Conduct.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – industrial strata complex – gate damaged by vehicle collision – strata managing agent notified – no urgent work order issued – worker subsequently fatally crushed by damaged gate – failure to arrange urgent repairs – failure to communicate with owners that gate should not be operated
CRIME – sentencing - detain person in company with intent to obtain advantage – prior disputed facts hearing - gratuitous cruelty – mental health – expert opinion
CIVIL PROCEDURE – Interlocutory application – Medical examination – Pt 23 r 23.4 Uniform Civil Procedure Rules 2005 (NSW) – Motor vehicle accident – Defendant seeking order for plaintiff to submit to CT scan - Whether request is reasonable in the circumstances – motion dismissed
CRIME — Sexual offences — Sexual intercourse without consent CRIME — Sexual offences — Sexual assault SENTENCING — Mitigating factors — Good character — Plea of guilty — Remorse — Unlikely to re-offend SENTENCING — Penalties — Community Correction Order SENTENCING — Relevant factors on sentence — Deterrence — General deterrence — Objective seriousness — Purposes of sentencing — Sentencing statistics SENTENCING — Sentencing procedure — Instinctive synthesis — Short adjournment for Duty Parole Court Report SENTENCING — Subjective considerations on sentence — Youth — Deprived childhood — Mental illness — Health issues — Vulnerable in gaol
PLEADINGS – Adequecy – “Dishonest and Fraudulent Design” - a term of art: unnecessary to provide further particulars as not an allegation of the tort of fraud.
EVIDENCE – practice and procedure – exemption from service of evidence prior to trial – surveillance evidence and medical expert report sought to be relied on by defendant at trial – Markus order – evidence relevant to plaintiff’s credit and damages
DEBT – Who bears onus in an action in debt – Defendant bears onus of proof of payment in full. CONTRACT – Whether a document headed “Letter of Understanding and Intent” signed by each party was a binding contract – Each party a businessman and the “Letter” was to reach an agreement between them finalising a joint venture. DURESS – UNCONSCIONABLE CONDUCT – Whether made out on the evidence.
CRIME – APPEAL – Common Assault on a female and assault occasioning actual bodily harm on male – “Road rage” offences resulting from queuing up to be tested for COVID-19 during pandemic – Prior sentence imposed below replaced with ICO requiring home detention.
CRIME – APPEAL – Common Assault on a female and assault occasioning actual bodily harm on male – “Road rage” offences resulting from queuing up to be tested for COVID-19 during pandemic – Prior sentence imposed below replaced with ICO requiring home detention.
CRIME — SENTENCE — Historical sexual offences — Act of indecency — Offences charged under section 76 of the Crimes Act 1900, now repealed — Impact of delay in prosecution. CRIME — Sexual offences — Assault female under the age of 16 years and commit act of indecency — Historical sexual assault offences committed over 50 years ago — Offences committed against offender's daughter, nieces and family friends. SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victims — Offence committed in the home of victims or any other person — Multiple victims — Mitigating factors — Unlikely to re-offend — No record of previous convictions.