R v AC [2019] NSWDC 649

R v AC [2019] NSWDC 649

The offending involved very serious objective criminality against a child under ten by her stepfather, including a grave breach of trust and, for one offence, offending in the victim's home. Although the offender had pleaded guilty, was remorseful, had limited prior criminal history, excellent prospects of rehabilitation and was unlikely to reoffend, the purposes of punishment, denunciation, accountability and general deterrence meant that only a full-time custodial sentence was appropriate. Separate episodes of serious criminality required some notional accumulation, resulting in an aggregate sentence with special circumstances found because it was the offender's first time in custody.

Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Convicted and sentenced to an aggregate total sentence of three years and four months with a non-parole period of two years.
Legal Topics
['aggravated Indecent Assault' 'child Sexual Offending' 'breach of Trust' 'full Time Custody' 'aggregate Sentence' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'child Sexual Offending' 'breach of Trust' 'full Time Custody' 'aggregate Sentence' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of indecent assault with person aged under ten years pursuant to s 61M(2) of the Crimes Act.' 'Whether a full-time custodial sentence was required.' 'How the objective seriousness, aggravating features, guilty plea, remorse, rehabilitation prospects and totality principle should affect sentence.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.']

Ratio Decidendi

The offending involved very serious objective criminality against a child under ten by her stepfather, including a grave breach of trust and, for one offence, offending in the victim's home. Although the offender had pleaded guilty, was remorseful, had limited prior criminal history, excellent prospects of rehabilitation and was unlikely to reoffend, the purposes of punishment, denunciation, accountability and general deterrence meant that only a full-time custodial sentence was appropriate. Separate episodes of serious criminality required some notional accumulation, resulting in an aggregate sentence with special circumstances found because it was the offender's first time in custody.

Court Disposition

Convicted and sentenced to an aggregate total sentence of three years and four months with a non-parole period of two years.

Orders

  • ['In relation to each offence of indecent assault with person aged under ten years, AC is convicted.' 'AC is sentenced to an aggregate total sentence of three years and four months to date from 19 June 2019 to expire on 18 October 2022.' 'A non-parole period of two years is fixed to date from 19 June 2019 and expire...