R v Paul Raymond Evans [2020] NSWDC 253

R v Paul Raymond Evans [2020] NSWDC 253

Given the objective seriousness of the offences, the offender's significant criminal history, absence of remorse, average risk of sexual recidivism, and the need for general deterrence and denunciation, a substantial aggregate sentence of full-time custody is required, discounted for the guilty plea and with a finding of special circumstances due to the offender’s medical condition. The sentence must factor in principles of totality and concurrency but must not result in an inadequate sentence or a discount for multiple offending.

Parties
Crown: Regina (Crown); Offender: Paul Raymond Evans
Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Criminal / Sentencing
Outcome
The Offender is convicted and sentenced to an aggregate head sentence of 6 years’ imprisonment with a non-parole period of 4 years, commencing 4 December 2018, with eligibility for parole on 3 December 2022. Special circumstances were found based on medical condition.
Legal Topics
Sentencing, Historical Child Sexual Offences, Sexual Abuse by Teacher, Aggregate Sentencing, Objective Seriousness, Special Circumstances
Criminal Law Sentencing Historical Child Sexual Offences Sexual Abuse by Teacher Aggregate Sentencing Objective Seriousness Special Circumstances

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Parties

Regina (Crown)

Crown

Paul Raymond Evans

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for historical child sexual offences committed by a teacher against a student under the applicable statutory framework?
  2. 2 How should the sentence account for the offender's prior convictions, plea, and medical condition?
  3. 3 How should principles of totality and concurrency be applied given sentences previously imposed in other jurisdictions for related offending?

Ratio Decidendi

Given the objective seriousness of the offences, the offender's significant criminal history, absence of remorse, average risk of sexual recidivism, and the need for general deterrence and denunciation, a substantial aggregate sentence of full-time custody is required, discounted for the guilty plea and with a finding of special circumstances due to the offender’s medical condition. The sentence must factor in principles of totality and concurrency but must not result in an inadequate sentence or a discount for multiple offending.

Court Disposition

The Offender is convicted and sentenced to an aggregate head sentence of 6 years’ imprisonment with a non-parole period of 4 years, commencing 4 December 2018, with eligibility for parole on 3 December 2022. Special circumstances were found based on medical condition.

Orders

  • Paul Raymond Evans is convicted of two counts contrary to s78N of the Crimes Act 1900 (NSW).
  • An aggregate head sentence of 6 years and a non-parole period of 4 years are imposed, commencing 4 December 2018.