R v Nixon (No.2) [2025] NSWDC 554
1 judgment
R v Nixon (No.2) [2025] NSWDC 554
Project CitationSentence for recklessly causing grievous bodily harm – Stolen Generation
Coram: Sutherland SC DCJ
- Offender sentenced for recklessly causing grievous bodily harm
- Member of stolen generation being removed from family at age 2-3y – sexually abused in multiple childhood institutions
- [46] The principles described as deriving from Fernando (1992) 76 A Crim R 58 and Bugmy (2013) 249 CLR 571; [2013] HCA 387 are clearly enlivened given the circumstances of this offender’s background and past life. Regrettably, he reflects the type of outcome which is regularly encountered with the victims of the Stolen Generation, as described. His exposure to sexual offending in childhood institutions is a frequent and common factor with respect to many such individuals. The psychological material provided is strongly supportive not only of detailed consideration of the various Bugmy principles with extensive quotations from the Bugmy Bar Book but also invokes a consideration of the principles derived from Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 with respect to the ongoing commission of Mr Nixon’s offending. These factors strongly point towards a reduction in moral culpability.
Page: Published Judgments (opens in a new tab)Published Judgments (opens in a new tab)See full case: 2025 NSWDC 554 (opens in a new tab)