HERE BELOW ARE TWO JUDICIAL COURT JUDGEMENTS - (JGS) REFERS TO THE CRIMINAL PEDOPHILE OFFENDER: MR. JAMES GINO SALERNO ( JGS) . THESE CRIMINAL PARTIES ARE COONECTED WITH THE CRIMINAL ENTERPRISE & CRIMINAL ALLEGED ACCUSED PARTIES FROM: 1) BOND UNIVERSITY LIMITED &, 2) MINTER ELLISO - LAW FIRM &, 3) GINA RHINEHART &, 4) CLIVE PALMER &, 5) DONALD J. TRUMP:
Mr. James Gino Salerno (JGS) His children names are as follows ( JGS May also have Other Children):
1) Emma Salerno: Web-Link is: https://salernolaw.com.au/team-member/emma-salerno/
2) Matteo Salerno: Web-Link is: https://salernolaw.com.au/team-member/matteo-salerno/
3) Julius Salerno: Web-Link is: https://www.crunchbase.com/person/julius-salerno
4) One of the Business they Own currently is: SALERNO LAW: Web-Link is: https://salernolaw.com.au/
Settled by Her Honour Judge Davison
FOR PUBLICATION ON THE INTERNET IN THIS EDITED FORM
IN THE DISTRICT COURT
CRIMINAL JURISDICTION
ADELAIDE
THURSDAY, 16 DECEMBER 2021 AT 9.02 A.M.
BEFORE HER HONOUR JUDGE DAVISON
NO.DCCRM-17-458
R V S, JG (SUPPRESSED)
HER HONOUR IN SENTENCING SAID:
JGS, you have been found guilty by the jury of six counts of unlawful sexual
intercourse. The maximum penalty for each of these offences is seven years
imprisonment.
The circumstances of your offending are that you were living in a large
family group in the Adelaide Hills from 2001. At that time your brother, his wife
and their children are were also living there. You were all living subject to
communal-type arrangements. You were the leader of this group.
You committed these offences against your niece. She was 13 years old when
you committed the first offence. You explained to her that in Aboriginal culture it
was the role of the father to teach a woman how to become a lady. You asked her
whether she would like to do this and she said ‘yes’. She asked whether her
younger cousin could also be involved, but you said she was ‘too young’ and that
this was to be a secret between the two of you.
You gave her instructions as to where to meet you on the property. This was
in a room in the barracks where some members of the family and others slept.
You had penile-vaginal intercourse with her there. It was very painful for the
2
complainant. You told her to go back to her room and that you would try again
tomorrow.
You went back to her room the following morning and told her to meet you
again. You again engaged in penile-vaginal intercourse with her, that was very
painful on this occasion as well.
Count 3 on the Information relates to an incident where you wanted
a massage in your room. She attended in your room and began massaging your
feet and legs. You forced her head down onto your penis and performed an act of
fellatio. Afterwards you had penile-vaginal intercourse with her on the bed. That is
the subject of count 4.
You were acquitted by the jury of counts 5 and 6. You are, therefore, not to
be sentenced in relation to them, nor are they to be taken into account in any way
in sentencing you today.
Count 7 relates to an occasion after the complainant had run a bath for you.
You then had sexual intercourse with her on the bed.
Count 8 relates to an occasion after you had had a discussion with the
complainant about her periods and speaking with NP about circumstances in which
she could avoid getting pregnant. You then had sexual intercourse with her after
she had made those inquiries. This sexual intercourse occurred on your bed.
You had sexual intercourse with the complainant on a number of occasions.
It became a regular event after the first occasion, the subject of count 1.
This continued after you left the State and went to Queensland and then to
Kununurra in Western Australia. It was whilst she was living in Kununurra that
the complainant left the group, but not until 2012 when she first told someone of
your offending.
You are only to be sentenced in relation to the charged offences,
although they are a part of a course of conduct of sexual offending against the
complainant and are therefore not isolated events.
I have received a victim impact statement. Your conduct towards the
complainant has had a significant impact upon her. She described at length the
feelings of humiliation, fear, shame and embarrassment that she has carried with
her over the years, knowing that you sexually and emotionally abused her for much
of her childhood. She spent a very long time thinking that no-one would believe
her and not knowing what to do or who to go to.
Her feeling in relation to that was reinforced by you, who had instilled fear
in her, and ensured that she had become disengaged from her parents and those
around her who may have been able to assist her. I am not going to recount all of
what she said in the victim impact statement but will take it into account in
sentencing you today.
3
You come before this court with some prior offences, they date back to
1959 when you were convicted of unlawfully possessing personal property.
In 2001, you were charged with failing to furnish information as required by
taxation law; and in 2002, lighting or maintaining a fire during the fire danger
season. I do not consider that any of those prior offences are relevant to the
sentence that I must impose today.
Mr Edwardson QC made submissions on your behalf. In addition to this
I received a large volume of letters. Some of these were placed before the court on
the last occasion you were sentenced. There were some additional letters that speak
about these individuals’ perception of you and the observations they made of your
wider family. I am going to take into account these people's observations of you,
and their personal opinions in relation to you. However, I make this observation.
It is not unknown in these courts for individuals to sexually assault those around
them who are particularly vulnerable, whilst projecting an image to others,
in particular other adults of quite a different character. This case may be a good
example of one of those cases.
You are now 76 years old. You have been engaged in the group that has the
pursuit of an Ideal Human Environment as its goal. This same group, of which you
were the leader, is also engaged in considerable commercial pursuits, including the
clothing business and pastoral leases. It appears to have amassed significant assets
through one means or another.
You are currently married to the same woman to whom you were married at
the time of the offending. You have been living on one of the properties that the
group owns in Kununurra or on the Gold Coast.
I was told that you have a number of medical issues, including a history of
recurring kidney stones, an enlarged prostate, a heart condition and lower back
pain for which you had surgery in 2020. You also have a long history of
progressive hand numbness and weakness from carpal tunnel syndrome. You had
surgery in relation to that, and surgery for glaucoma in 2020.
It was submitted to me that as a result of your notoriety, you will serve your
time harder than some others may do. I note that you are currently housed in the
Mount Gambier Gaol, and there is no suggestion of any segregation there.
Mount Gambier Gaol is a privately run prison. A number of people convicted of
sexual offending are housed at the Mount Gambier Gaol. I do not consider that
there is anything about your circumstances that render it likely that you will serve
your time harder than some others who are in Mount Gambier Gaol for similar
offending.
I was asked by your counsel to order a report from the Prison Health Service
in relation to the health issues that you have suffered and may continue to suffer
whilst in custody. I ordered that report and it was received. It was provided to
4
your counsel. No further submissions have been received from your counsel
in relation to that, nor have the prosecution made further submissions.
This report indicates that when you were readmitted to gaol on 28 October
2021, you denied any medical problems, refused to provide the clinical staff with
the name of your GP and declined signing a release of information form to obtain
relevant medical information. The author of the report has had therefore to rely
upon documentation that is available to him. He set out a history in relation to your
kidney stones. He said there is no documentation available to him in relation to
your cardiac issues, and he also referred to treatment for back pain during your
previous term of imprisonment. The report sets out the capacity of the
South Australian Prison Health Service to manage your health conditions whilst
you are in custody. It says that you will have access to all required treatment and
any medications that are necessary. You will also have access to a regular medical
officer.
Whilst I accept that you do have medical conditions, and these are likely to
be ongoing given your age, I do not consider that they are any more than one could
expect for a man of your age, and that they can be adequately managed within the
Prison Health Service.
Your offending is very serious. You have been found guilty by the jury of
six counts of unlawful sexual intercourse that occurred over a number of years with
your niece. This offending occurred in the circumstances where you were the
leader of a group that had quite specific rules and regulations as to how people
were to behave. You used your position of trust to abuse your niece, but also you
abused the trust of her parents and the other family members. You obtained her
silence by instilling fear in her and a belief that no-one would believe her.
Your offending has had a profound effect upon her. She is still suffering from
ongoing physical, mental, and emotional issues.
In sentencing you today, the protection of the community is a consideration.
Personal and general deterrence are also considerations.
I accept that given your advanced age, personal deterrence has a lesser role
to play. I accept that given your age being in custody will be harder for you than
for younger men. I also take into account that any sentence I impose will be
a significant proportion of the life that you have left. Nevertheless, a term of
imprisonment is the appropriate penalty for such serious offending.
In regard to the length of this sentence I am guided by the principles set out
in R v D. I am mindful that on the last occasion, you were sentenced you were
sentenced to 10 years imprisonment in accordance with those guidelines. In this
trial the jury have not convicted you of two of those offences. I have taken that
into account in determining the penalty that I must impose.
I am going to impose one sentence for all offences pursuant to s.26 of the
Sentencing Act.
5
I consider that a term of imprisonment of nine years would have been
appropriate. By virtue of s.53 of the Sentencing Act you are serious repeat offender,
having committed a serious offence on at least three separate occasions, and as
such, I must impose a non-parole period that is four-fifths of the length of the
sentence I have imposed. Four-fifths is seven years, two months, and 13 days.
You have previously served 12 months and 15 days in custody. I intend to
reduce both the head sentence and the non-parole period by that amount. The head
sentence will therefore be seven years, 11 months and 16 days. The non-parole
period will be six years, one month and 28 days.
This sentence will commence on the date you were taken into custody on this
occasion, being 28 October 2021.
I also grant an intervention order for the protection of the complainant which
will be served upon you in custody.
Further, I have determined to take no further action in relation to any issues
that arose in respect of your bail prior to the trial.
Is there anything further Ms Hurley?
MS HURLEY: No your Honour.
HER HONOUR: Mr Caldicott?
MR CALDICOTT: No your Honour.
HER HONOUR: Thank you, I will switch off the audiovisual link.
ADJOURNED 9.16 A.M
Settled by Her Honour Judge Davison
FOR PUBLICATION ON THE INTERNET IN THIS EDITED FORM
IN THE DISTRICT COURT
CRIMINAL JURISDICTION
ADELAIDE
THURSDAY, 16 DECEMBER 2021 AT 9.02 A.M.
BEFORE HER HONOUR JUDGE DAVISON
NO.DCCRM-17-458
R V S, JG (SUPPRESSED)
HER HONOUR IN SENTENCING SAID:
JGS, you have been found guilty by the jury of six counts of unlawful sexual
intercourse. The maximum penalty for each of these offences is seven years
imprisonment.
The circumstances of your offending are that you were living in a large
family group in the Adelaide Hills from 2001. At that time your brother, his wife
and their children are were also living there. You were all living subject to
communal-type arrangements. You were the leader of this group.
You committed these offences against your niece. She was 13 years old when
you committed the first offence. You explained to her that in Aboriginal culture it
was the role of the father to teach a woman how to become a lady. You asked her
whether she would like to do this and she said ‘yes’. She asked whether her
younger cousin could also be involved, but you said she was ‘too young’ and that
this was to be a secret between the two of you.
You gave her instructions as to where to meet you on the property. This was
in a room in the barracks where some members of the family and others slept.
You had penile-vaginal intercourse with her there. It was very painful for the
2
complainant. You told her to go back to her room and that you would try again
tomorrow.
You went back to her room the following morning and told her to meet you
again. You again engaged in penile-vaginal intercourse with her, that was very
painful on this occasion as well.
Count 3 on the Information relates to an incident where you wanted
a massage in your room. She attended in your room and began massaging your
feet and legs. You forced her head down onto your penis and performed an act of
fellatio. Afterwards you had penile-vaginal intercourse with her on the bed. That is
the subject of count 4.
You were acquitted by the jury of counts 5 and 6. You are, therefore, not to
be sentenced in relation to them, nor are they to be taken into account in any way
in sentencing you today.
Count 7 relates to an occasion after the complainant had run a bath for you.
You then had sexual intercourse with her on the bed.
Count 8 relates to an occasion after you had had a discussion with the
complainant about her periods and speaking with NP about circumstances in which
she could avoid getting pregnant. You then had sexual intercourse with her after
she had made those inquiries. This sexual intercourse occurred on your bed.
You had sexual intercourse with the complainant on a number of occasions.
It became a regular event after the first occasion, the subject of count 1.
This continued after you left the State and went to Queensland and then to
Kununurra in Western Australia. It was whilst she was living in Kununurra that
the complainant left the group, but not until 2012 when she first told someone of
your offending.
You are only to be sentenced in relation to the charged offences,
although they are a part of a course of conduct of sexual offending against the
complainant and are therefore not isolated events.
I have received a victim impact statement. Your conduct towards the
complainant has had a significant impact upon her. She described at length the
feelings of humiliation, fear, shame and embarrassment that she has carried with
her over the years, knowing that you sexually and emotionally abused her for much
of her childhood. She spent a very long time thinking that no-one would believe
her and not knowing what to do or who to go to.
Her feeling in relation to that was reinforced by you, who had instilled fear
in her, and ensured that she had become disengaged from her parents and those
around her who may have been able to assist her. I am not going to recount all of
what she said in the victim impact statement but will take it into account in
sentencing you today.
3
You come before this court with some prior offences, they date back to
1959 when you were convicted of unlawfully possessing personal property.
In 2001, you were charged with failing to furnish information as required by
taxation law; and in 2002, lighting or maintaining a fire during the fire danger
season. I do not consider that any of those prior offences are relevant to the
sentence that I must impose today.
Mr Edwardson QC made submissions on your behalf. In addition to this
I received a large volume of letters. Some of these were placed before the court on
the last occasion you were sentenced. There were some additional letters that speak
about these individuals’ perception of you and the observations they made of your
wider family. I am going to take into account these people's observations of you,
and their personal opinions in relation to you. However, I make this observation.
It is not unknown in these courts for individuals to sexually assault those around
them who are particularly vulnerable, whilst projecting an image to others,
in particular other adults of quite a different character. This case may be a good
example of one of those cases.
You are now 76 years old. You have been engaged in the group that has the
pursuit of an Ideal Human Environment as its goal. This same group, of which you
were the leader, is also engaged in considerable commercial pursuits, including the
clothing business and pastoral leases. It appears to have amassed significant assets
through one means or another.
You are currently married to the same woman to whom you were married at
the time of the offending. You have been living on one of the properties that the
group owns in Kununurra or on the Gold Coast.
I was told that you have a number of medical issues, including a history of
recurring kidney stones, an enlarged prostate, a heart condition and lower back
pain for which you had surgery in 2020. You also have a long history of
progressive hand numbness and weakness from carpal tunnel syndrome. You had
surgery in relation to that, and surgery for glaucoma in 2020.
It was submitted to me that as a result of your notoriety, you will serve your
time harder than some others may do. I note that you are currently housed in the
Mount Gambier Gaol, and there is no suggestion of any segregation there.
Mount Gambier Gaol is a privately run prison. A number of people convicted of
sexual offending are housed at the Mount Gambier Gaol. I do not consider that
there is anything about your circumstances that render it likely that you will serve
your time harder than some others who are in Mount Gambier Gaol for similar
offending.
I was asked by your counsel to order a report from the Prison Health Service
in relation to the health issues that you have suffered and may continue to suffer
whilst in custody. I ordered that report and it was received. It was provided to
4
your counsel. No further submissions have been received from your counsel
in relation to that, nor have the prosecution made further submissions.
This report indicates that when you were readmitted to gaol on 28 October
2021, you denied any medical problems, refused to provide the clinical staff with
the name of your GP and declined signing a release of information form to obtain
relevant medical information. The author of the report has had therefore to rely
upon documentation that is available to him. He set out a history in relation to your
kidney stones. He said there is no documentation available to him in relation to
your cardiac issues, and he also referred to treatment for back pain during your
previous term of imprisonment. The report sets out the capacity of the
South Australian Prison Health Service to manage your health conditions whilst
you are in custody. It says that you will have access to all required treatment and
any medications that are necessary. You will also have access to a regular medical
officer.
Whilst I accept that you do have medical conditions, and these are likely to
be ongoing given your age, I do not consider that they are any more than one could
expect for a man of your age, and that they can be adequately managed within the
Prison Health Service.
Your offending is very serious. You have been found guilty by the jury of
six counts of unlawful sexual intercourse that occurred over a number of years with
your niece. This offending occurred in the circumstances where you were the
leader of a group that had quite specific rules and regulations as to how people
were to behave. You used your position of trust to abuse your niece, but also you
abused the trust of her parents and the other family members. You obtained her
silence by instilling fear in her and a belief that no-one would believe her.
Your offending has had a profound effect upon her. She is still suffering from
ongoing physical, mental, and emotional issues.
In sentencing you today, the protection of the community is a consideration.
Personal and general deterrence are also considerations.
I accept that given your advanced age, personal deterrence has a lesser role
to play. I accept that given your age being in custody will be harder for you than
for younger men. I also take into account that any sentence I impose will be
a significant proportion of the life that you have left. Nevertheless, a term of
imprisonment is the appropriate penalty for such serious offending.
In regard to the length of this sentence I am guided by the principles set out
in R v D. I am mindful that on the last occasion, you were sentenced you were
sentenced to 10 years imprisonment in accordance with those guidelines. In this
trial the jury have not convicted you of two of those offences. I have taken that
into account in determining the penalty that I must impose.
I am going to impose one sentence for all offences pursuant to s.26 of the
Sentencing Act.
5
I consider that a term of imprisonment of nine years would have been
appropriate. By virtue of s.53 of the Sentencing Act you are serious repeat offender,
having committed a serious offence on at least three separate occasions, and as
such, I must impose a non-parole period that is four-fifths of the length of the
sentence I have imposed. Four-fifths is seven years, two months, and 13 days.
You have previously served 12 months and 15 days in custody. I intend to
reduce both the head sentence and the non-parole period by that amount. The head
sentence will therefore be seven years, 11 months and 16 days. The non-parole
period will be six years, one month and 28 days.
This sentence will commence on the date you were taken into custody on this
occasion, being 28 October 2021.
I also grant an intervention order for the protection of the complainant which
will be served upon you in custody.
Further, I have determined to take no further action in relation to any issues
that arose in respect of your bail prior to the trial.
Is there anything further Ms Hurley?
MS HURLEY: No your Honour.
HER HONOUR: Mr Caldicott?
MR CALDICOTT: No your Honour.
HER HONOUR: Thank you, I will switch off the audiovisual link.
ADJOURNED 9.16 A.M