R v Bragg [2013] NSWDC 37

R v Bragg [2013] NSWDC 37

Although the offences were very serious, involved repeated molestation of a young boy in his home, were committed while the offender was on a bond, and ordinarily would require significant custody, a two-year custodial sentence suspended on a good behaviour bond was imposed because the offender had already spent six months and fifteen days in custody, had suffered significantly in custody, had a significant intellectual disability, had pleaded guilty, had made significant rehabilitative progress under structured support, and the court was satisfied that rehabilitation in the community was the best way to protect the community and reduce the risk of future offending.

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
In each case the offender was sentenced to imprisonment for two years, with execution of the sentence suspended on condition that he enter into a bond to be of good behaviour for the period of the sentence.
Legal Topics
['aggravated Break, Enter and Commit a Serious Indictable Offence' 'indecent Assault' 'suspended Sentence' 'rehabilitation' 'protection of the Community' 'concurrent Sentences' 'guilty Plea' 'intellectual Disability']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit a Serious Indictable Offence' 'indecent Assault' 'suspended Sentence' 'rehabilitation' 'protection of the Community' 'concurrent Sentences' 'guilty Plea' 'intellectual Disability']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of aggravated break, enter and commit a serious indictable offence, being indecent assault, knowing there were people inside.' 'Whether the sentence should require further custody or be suspended to promote rehabilitation in the community.' 'Whether the two sentences should be concurrent despite there being two offences.']

Ratio Decidendi

Although the offences were very serious, involved repeated molestation of a young boy in his home, were committed while the offender was on a bond, and ordinarily would require significant custody, a two-year custodial sentence suspended on a good behaviour bond was imposed because the offender had already spent six months and fifteen days in custody, had suffered significantly in custody, had a significant intellectual disability, had pleaded guilty, had made significant rehabilitative progress under structured support, and the court was satisfied that rehabilitation in the community was the best way to protect the community and reduce the risk of future offending.

Court Disposition

In each case the offender was sentenced to imprisonment for two years, with execution of the sentence suspended on condition that he enter into a bond to be of good behaviour for the period of the sentence.

Orders

  • ['In each case the offender is sentenced to imprisonment for two years.' 'The execution of that sentence is suspended on condition that the offender enters into a bond to be of good behaviour for the period of that sentence.' 'The sentences are concurrent.' 'The offender is to be of good behaviour and to appear...