R v Grech
[2022] NSWDC 721
At a glance
Source factsCourt
District Court of NSW
Decision date
2022-12-15
Source
Original judgment source is linked above.
Judgment (22 paragraphs)
Introduction
- Vincent Grech (a pseudonym) is for sentence today for five serious offences. Four of them involve offences against the wife he professed to love and care for, and did, at least for a period of their relationship, love, and care for.
- At the age of 35 he changed his behaviour. What caused the change, as his counsel said, is a mystery. Courts have a limited capacity to delve into the genesis of matters such as this. What courts must do is deal with the consequences, particularly where those consequences resulted in serious crimes being committed. And there is no doubt that the offences committed against the complainant were serious crimes.
- There is also a matter involving possession of child abuse material, which is an offence against the community. That offence, when it came to light, led to an early plea of guilty by Grech and I will reduce its otherwise appropriate sentence by 25% to take into account that early plea: s 25D Crimes (Sentencing Procedure) Act 1999.
- There is in New South Wales an early guilty plea scheme with a statutory regime for guilty plea reduction of sentence: ss s25C & s25D Crimes (Sentencing Procedure) Act. The strict application of that regime would, in the circumstances of this case, result in a miscarriage of justice to the offender; a point made by the Court of Criminal Appeal in Green v R [2020] NSWCCA 230. There will be a statutory discount of 5%, but it is conceded by the Crown that, out of fairness to the offender, a further reduction for facilitation of the course of justice, which was impeded only by listing arrangements in the Court. Effectively, the otherwise appropriate sentence for the indictment matters will be reduced by 10%.
- The plea of guilty meant that the complainant in this matter did not have to give evidence and, no matter how sensitively a trial was conducted, to give evidence in a matter such as this is an ordeal, a matter that was recognised by the Court of Criminal Appeal; R v Thompson [2000] NSWCCA 309; (2000) 49 NSWLR 383 at [3].