Australia, March 31 -- New South Wales Land and Environment Court issued text of the following judgementon March 4:

1. THE COURT: The applicant, Paul Wardell, seeks leave to appeal under s 5(1)(b) and (c) of the Criminal Appeal Act 1912 (NSW) against:

1) his conviction on 10 counts of aggravated indecent assault and 13 counts of aggravated sexual assault, committed against two complainants, AW and SM; and

2) the aggregate sentence imposed in respect of those offences of imprisonment for 14 years with a non-parole period of 9 years.

2. Furthermore, since the notice of appeal was filed out of time, the applicant also requires leave to make his application for leave to appeal, under r 3.5(5) of the Supreme Court (Criminal Appeal) Rules 2021 (NSW).

Background

3. The applicant's first trial on the relevant charges commenced on 8 February 2021 but the jury was discharged on 12 February 2021 because of technological and other issues affecting the trial. The second trial commenced on 2 August 2021.

4. The Crown case against the applicant was that he ran a business, Silverthorn Stock Horses, breeding stock horses on his rural property and he participated in stock horse competitions and events. The complainants, whom we shall refer to as AW and SM, [1] undertook, at different times, work experience placements and paid employment with the applicant and while doing so lived at the applicant's property and attended horse clinics and stock horse events with him.

5. AW began working with the applicant at Silverthorn Stock Horses in July 2012 when she was 16 years old and ceased employment in 2014 after she had turned 19. During this period, the applicant was between 59 and 61 years of age.

6. The applicant was charged with four counts of aggravated indecent assault against AW contrary to s 61M(1) of the Crimes Act 1900 (NSW) committed between 15 September 2012 and 31 October 2014. The relevant conduct involved in each count can be summarised as follows:

1) Count 1, in September 2012, the applicant hugged and kissed AW as she twisted her head away and asked him to stop;

2) Count 2, in 2013, the applicant put his hand down the inside of the back of her pants and held her backside;

3) Count 3, a few months after count 2, the applicant put both his hands down the back of her pants and pressed himself against her while he had an erection;

4) Count 4, in mid to late 2014, the applicant rubbed her vaginal area on the outside of her clothes.

7. AW also gave evidence of other uncharged conduct by the applicant involving being regularly kissed on the lips and touched on the breasts, without consent.

8. SM commenced a work experience placement with Silverthorn Stock Horses in June 2015 and continued those placements during most holidays until she finished Year 12 in 2017. She commenced paid employment with Silverthorn Stock Horses in October 2017, when she was 17 years old, and left that employment in September 2018. During the time SM was employed at Silverthorn Stock horses the applicant was 64 or 65 years old.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19544c542689ec0f663ee649)

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