R v Carleton [2019] NSWDC 862

R v Carleton [2019] NSWDC 862

Given the number and seriousness of the child sexual offences, the offender's exploitation of a vulnerable child, the need for deterrence, punishment, denunciation and recognition of harm, and after allowing for subjective matters, rehabilitation prospects and special circumstances, the only appropriate penalty was full-time imprisonment by way of an aggregate sentence of nine years with a non-parole period of five years and five months.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Criminal Sentencing / Sentence After Jury Trial Verdicts of Guilty
Outcome
Aggregate sentence of imprisonment of nine years with a non-parole period of five years five months.
Legal Topics
['aggravated Indecent Assault of a Person Aged Under 16 Years' 'sexual Intercourse With a Person Under the Age of 14 Years But Above the Age of Ten' 'sexual Intercourse With a Person Under the Age of 16 Years But Above 14 Years of Age' 'objective Seriousness' 'aggravating and Mitigating Circumstances' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault of a Person Aged Under 16 Years' 'sexual Intercourse With a Person Under the Age of 14 Years But Above the Age of Ten' 'sexual Intercourse With a Person Under the Age of 16 Years But Above 14 Years of Age' 'objective Seriousness' 'aggravating and Mitigating Circumstances' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Jury Trial Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for three counts of aggravated indecent assault of a person aged under 16 years, five counts of sexual intercourse with a person under the age of 14 years but above the age of ten, and one count of sexual intercourse with a person under the age of 16 years but above 14 years of age.' 'How the objective seriousness of each offence should be assessed, including whether there was breach of trust, victim vulnerability, commission in a home, violence, alcohol use, remorse, rehabilitation prospects and extra-curial punishment.' 'Whether an aggregate sentence and special circumstances should be found.']

Ratio Decidendi

Given the number and seriousness of the child sexual offences, the offender's exploitation of a vulnerable child, the need for deterrence, punishment, denunciation and recognition of harm, and after allowing for subjective matters, rehabilitation prospects and special circumstances, the only appropriate penalty was full-time imprisonment by way of an aggregate sentence of nine years with a non-parole period of five years and five months.

Court Disposition

Aggregate sentence of imprisonment of nine years with a non-parole period of five years five months.

Orders

  • ['The offender is sentenced to an aggregate head sentence of nine years imprisonment with a non-parole period of five years five months, each dating from 29 November 2019.' 'The head sentence will expire on 28 November 2028.' 'The non-parole period will expire on 28 April 2025.' 'Non-publication of complainant.']