R v OA (pseudonym) [2019] NSWDC 264

R v OA (pseudonym) [2019] NSWDC 264

The offender was convicted and sentenced to an aggregate full-time custodial sentence because the nine principal offences were serious child sexual offences against his three children over many years, aggravated by abuse of trust and offending in the victims' home or an extension of it. Although the offender received mitigation for his early plea, childhood sexual abuse causally connected to his offending, genuine remorse, limited prior record, and special circumstances, the seriousness of the offending, need for specific deterrence, and protection of the community required an aggregate term of 14 years with a non-parole period of 9 years 6 months.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Criminal Sentence / Sentence
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 14 years with a non-parole period of 9 years 6 months.
Legal Topics
['act of Indecency With a Person Under 10 Years of Age' 'sexual Intercourse With a Person Under 10 Years of Age' 'indecent Assault on a Person Under 10 Years of Age' 'aggravated Act of Indecency Towards Person Under 16 Years of Age and Under Authority' 'indecent Assault on a Person Under 16 Years of Age' 'sexual Intercourse With a Person Over 14 Years But Under 16 Years of Age' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['act of Indecency With a Person Under 10 Years of Age' 'sexual Intercourse With a Person Under 10 Years of Age' 'indecent Assault on a Person Under 10 Years of Age' 'aggravated Act of Indecency Towards Person Under 16 Years of Age and Under Authority' 'indecent Assault on a Person Under 16 Years of Age' 'sexual Intercourse With a Person Over 14 Years But Under 16 Years of Age' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['The objective seriousness of each of the nine principal child sexual offences.' 'The effect of three Form 1 matters on sentence.' "Whether aggravating factors included abuse of trust and offending in the victims' home or an extension of the home." "The significance of the offender's childhood sexual abuse, remorse, prior record, prospects of rehabilitation, and need for treatment in the CUBIT Program." 'Whether full-time imprisonment, an aggregate sentence, a discount for early plea, and special circumstances were appropriate.']

Ratio Decidendi

The offender was convicted and sentenced to an aggregate full-time custodial sentence because the nine principal offences were serious child sexual offences against his three children over many years, aggravated by abuse of trust and offending in the victims' home or an extension of it. Although the offender received mitigation for his early plea, childhood sexual abuse causally connected to his offending, genuine remorse, limited prior record, and special circumstances, the seriousness of the offending, need for specific deterrence, and protection of the community required an aggregate term of 14 years with a non-parole period of 9 years 6 months.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 14 years with a non-parole period of 9 years 6 months.

Orders

  • ['OA is convicted of four offences of committing an act of indecency with or towards a person under 10 years, the offence of sexual intercourse with a person under 10 years, the offence of indecent assault of a person under 10 years, the offence of aggravated act of indecency towards a person under 16 years, the...