Convicted paedophile, Robert Crick, who sexually abused his 5-year-old grandson has avoided jail after three Court of Appeal judges in the Supreme Court of NSW felt sorry for him because of his claimed health issues and they were worried he might catch the Coronavirus in jail.
This is a stock standard case where the courts deliberately rewrite the law in favour of paedophiles and come up with any and every excuse possible not to jail them. The problem of judges failing to enforce the law and jail paedophiles is so bad that Prime Minister Scott Morrison announced in September 2019 that the government was introducing new mandatory sentencing laws for paedophiles. (Click here to read more) Unfortunately, Scott Morrison has failed to follow through with the new laws at this point but if he had then Robert Crick would be in jail right now.
The Court of Appeal has set a precedent that now binds lower courts, and single judges of the Supreme Court to follow. Will it also mean all paedophiles now get a “get out of jail free” card until after the Coronavirus crisis is over which could be years away?
Robert Crick’s lawyers claimed his age and his health issues meant he was more at risk of catching the Coronavirus and because of that he should not be jailed.
In 2016 I wrote about paedophile catholic priest Father Robert Flaherty being sentenced in August 2016 to a non-parole period of 3 months jail for abusing and raping 3 boys in an article titled “Paedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoeben.”
In Father Flaherty case, the Court of Appeal should have increased his jail sentence but reduced it because Father Flaherty’s lawyers did the big sob story that he suffered numerous health issues and only had 6 to 12 months to live.
Father Flaherty’s lawyers told the court in February 2016 that he only had 6 to 12 months to live but almost 4 years later in November 2019 Father Flaherty was charged was sexually abusing a 4th boy and is currently on bail awaiting trial. (Click here to read more) The Catholic Church kept paying Father Flaherty’s rent, electricity and car lease etc after he was released from jail in 2016 until A Current Affair did a story on it. (Click here to read more)
How did Father Flaherty’s lawyers get it so badly wrong in February 2016 when they told the court that he only had 6 to 12 months to live? How accurate are Robert Crick’s claims of health issues and why in other cases, which are below, are health issues ignored by judges?
The SMH reported on the 28/4/20 in relation to Robert Crick:
A grandfather convicted of molesting his grandson the day before his sixth birthday will not be sent to prison because of the coronavirus pandemic.
The 76-year-old man, given the pseudonym of RC to protect the identity of his victim, was convicted in the District Court in July last year of twice digitally penetrating the five-year-old’s bottom.
RC, a former public servant who also trained for five years as a priest, was then sentenced to an 18-month community order for sexual intercourse with a child under 10 years.
The Court of Criminal Appeal unanimously found this week that the sentence imposed by Justice Justin Smith SC was “manifestly inadequate”.
“It is so far below the range of sentences that could be justly imposed for an offence of this nature that it could tend to undermine public confidence in the proper administration of criminal justice in the sentencing of offenders for the commission of serious sexual assaults upon very young children,” Justice Helen Wilson said.
The maximum sentence for sexual intercourse with a child under 10 years is life imprisonment. (Click here to read more)
So, Justice Helen Wilson says the sentence “could tend to undermine public confidence in the proper administration of criminal justice” but she then lets the convicted paedophile free and the other two judges, Justice Robert Hulme and Peter Hamill, agreed. It is the 3 judges who have undermined the public’s confidence in the courts and they know it.
RC v R; R v RC  NSWCCA 76 (Click here to read the judgment)
There was a suppression order on Robert Crick’s name but for some reason, the suppression order was lifted because Channel 10 named him in the below video, interviewed his lawyer and tried to interview him which was broadcast on Tuesday (12/5/20).
Below is the story of another paedophile who has a long history of abusing more than 15 boys but on Friday (15/5/20) he was only sentenced to a minimum jail term of 7 months. But at least he did go to jail which is a bit better than Robert Crick being set free.
Marist Brother Gerard Joseph McNamara, 82, has begun his second stint in prison after pleading guilty to indecently assaulting Traralgon schoolboys in the 1970s.
McNamara was working at St Paul’s Catholic College in Traralgon when he indecently assaulted more than 15 students between 1970 and 1975.
McNamara was sentenced in the Victorian County Court on Friday to 35 months in prison, with 28 months suspended, after pleading guilty to four charges of indecent assault and one count of common assault.
Since 2006, he has been sentenced three times for sexual offences against pupils but, until Friday, had only served nine months in jail.
On June 17, 2006 McNamara was sentenced to 36 months in prison, wholly suspended, for indecently assaulting seven boys aged between 11 and 13.
In December 2016 he escaped jail time again when he was given a wholly suspended prison sentence for abusing two young brothers at the school back in 1975.
It was not until September 2018, when McNamara came before the courts again, that he was ordered to serve nine months in prison for assaulting four boys aged between 11 and 15 years.
McNamara suffers glaucoma, skin diseases, prostate cancer, anxiety and depression.
He will be eligible to be released from prison before Christmas. (Click here to read more)
Marist Brother Gerard Joseph McNamara is 82 so he would also be a prime candidate to catch the Coronavirus. Will he now appeal given the Robert Crick precedent above?
Serial paedophile Gerald Ridsdale given more jail time
The SMH reported on Thursday the 14/5/20:
Australia’s most prolific paedophile priest, Gerald Ridsdale, is likely to die in prison after having his jail time increased again following another sentence for sexually abusing boys.
Ridsdale, due to turn 86 next week, was 25 years into a 33-year sentence and was eligible for parole in April 2022.
But his earliest release date is now April 8, 2025, after he was sentenced in the Melbourne County Court on Thursday for the abuse of another four boys in western Victoria in the 1970s.
Judge Gerard Mullaly set a maximum 10-year term with a non-parole period of four years for the 14 charges.
Taking into account Ridsdale’s age and the likelihood of him dying in jail, three of those years are to be served cumulatively with the sentences he was already in jail for.
“At your age, my sentence may well mean that you are as a consequence more likely to die in custody,” Judge Mullaly said. (Click here to read more)
Ridsdale is also very sick as the ABC reported::
The former priest appeared via videolink with a walker beside him, and also suffers from high blood pressure and arthritis.
He has also had a heart bypass and bowel surgery. (Click here to read more)
But the judge didn’t give Ridsdale a “get out of jail free” card because of the Coronavirus and nor should he have. Ridsdale is now 86, also a prime candidate to catch the Coronavirus and also now in a position to appeal given the Robert Crick precedent above?
There are hundreds if not thousands more like Marist Brother Gerard Joseph McNamara and paedophile priest Gerald Ridsdale in jail or awaiting court and/or sentencing who will now be in a position to potentially benefit from the Robert Crick precedent which is dangerous for society.
Justice Helen Wilson is corrupt
Justice Helen Wilson wrote the judgment in the Robert Crick matter with Justice Robert Hulme and Justice Peter Hamill agreeing. All three need to be investigated as to why they handed down such a dodgy judgment. I will have more to say on them in the future.
The New South Wales Director of Public Prosecutions (DPP), Lloyd Babb SC, needs to appeal the Robert Crick matter to the High Court because if he doesn’t hundreds of paedophiles will likely use the new precedent to try and get out of jail.
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