R v Paul Raymond Evans [2008] NSWDC 280

R v Paul Raymond Evans [2008] NSWDC 280

The offender was sentenced to a total effective sentence of fifteen years with a non-parole component of nine and a half years because he committed eighteen historical sexual offences against vulnerable boys in his care, in serious breach of trust as a teacher, priest or brother and dormitory supervisor, causing substantial psychological and emotional harm. The court assessed objective seriousness by reference to the sexual acts, breach of trust, vulnerability, harm and absence of physical violence beyond the sexual acts; applied past sentencing practice for historical offences while not allowing for remissions; gave limited mitigating weight to good character and delay; made no allowance...

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Criminal Sentencing / Sentence Following Jury Trial Verdicts of Guilty on Eighteen Counts and Not Guilty on Two Counts
Outcome
Convicted on each count on which the jury returned a verdict of guilty; total effective sentence of imprisonment of 15 years with a non-parole component of 9 1/2 years.
Legal Topics
['child Sexual Offences' 'indecent Assault' 'homosexual Intercourse by a Teacher With a Pupil Under Eighteen' 'homosexual Intercourse With a Male Under Eighteen' 'gross Indecency' 'breach of Trust' 'delay in Prosecution' 'past Sentencing Practice' 'non Parole Period' 'totality' 'general Deterrence' 'protective Custody']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'indecent Assault' 'homosexual Intercourse by a Teacher With a Pupil Under Eighteen' 'homosexual Intercourse With a Male Under Eighteen' 'gross Indecency' 'breach of Trust' 'delay in Prosecution' 'past Sentencing Practice' 'non Parole Period' 'totality' 'general Deterrence' 'protective Custody']

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Procedural Posture

Criminal Sentencing / Sentence Following Jury Trial Verdicts of Guilty on Eighteen Counts and Not Guilty on Two Counts

Legal Issues

  1. 1 ["What sentences should be imposed for multiple historical sexual offences against seven victims at Boys' Town, Engadine." 'How the objective seriousness of the offences should be assessed, including relative seriousness of the sexual acts, breach of trust, vulnerability of victims, harm, and absence of physical violence beyond the sexual acts.' 'How delay in prosecution and the sentencing regime and sentencing practice at the time of offending should affect sentence and non-parole periods.' 'Whether uncharged acts, good character, prospects of rehabilitation, protective custody, personal deterrence, general deterrence, denunciation and totality should affect sentence.']

Ratio Decidendi

The offender was sentenced to a total effective sentence of fifteen years with a non-parole component of nine and a half years because he committed eighteen historical sexual offences against vulnerable boys in his care, in serious breach of trust as a teacher, priest or brother and dormitory supervisor, causing substantial psychological and emotional harm. The court assessed objective seriousness by reference to the sexual acts, breach of trust, vulnerability, harm and absence of physical violence beyond the sexual acts; applied past sentencing practice for historical offences while not allowing for remissions; gave limited mitigating weight to good character and delay; made no allowance...

Court Disposition

Convicted on each count on which the jury returned a verdict of guilty; total effective sentence of imprisonment of 15 years with a non-parole component of 9 1/2 years.

Orders

  • ['For each of the offences for which the jury returned verdicts of guilty, the accused is convicted.' 'Counts 1 and 2: imprisonment for a fixed term of two years commencing 25 July 2008 and expiring 24 July 2010.' 'Counts 3 and 4: imprisonment for a fixed term of eighteen months commencing 25 January 2010 and...