R v DJR (2) [2008] NSWDC 324

R v DJR (2) [2008] NSWDC 324

The offences were serious aggravated indecent assaults on a ten-year-old child but fell below the mid range of seriousness for the offence; taking into account the standard non-parole period, the offender's prior good character, special circumstances including first custody and lack of treatment for a leg injury, and totality in light of the existing child pornography sentence, the court imposed partially accumulated terms of imprisonment with four-year non-parole periods on each count and six-year total terms.

Jurisdiction
Australia
Judgment Date
28 November 2008
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdict of Guilty and Conviction on Three Counts of Aggravated Indecent Assault
Outcome
DJR was sentenced to imprisonment on three counts of aggravated indecent assault.
Legal Topics
['aggravated Indecent Assault on Child' 'standard Non Parole Period' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault on Child' 'standard Non Parole Period' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Jury Verdict of Guilty and Conviction on Three Counts of Aggravated Indecent Assault

Legal Issues

  1. 1 ['What sentence should be imposed for three counts of aggravated indecent assault against a ten-year-old child.' 'How the standard non-parole period of five years should be applied where the maximum penalty is seven years and the offences are serious but not in the worst category.' 'Whether the offences fell below the mid range of seriousness for such offences.' 'Whether special circumstances and the principle of totality affected the non-parole periods and accumulation of sentences.']

Ratio Decidendi

The offences were serious aggravated indecent assaults on a ten-year-old child but fell below the mid range of seriousness for the offence; taking into account the standard non-parole period, the offender's prior good character, special circumstances including first custody and lack of treatment for a leg injury, and totality in light of the existing child pornography sentence, the court imposed partially accumulated terms of imprisonment with four-year non-parole periods on each count and six-year total terms.

Court Disposition

DJR was sentenced to imprisonment on three counts of aggravated indecent assault.

Orders

  • ['On count 1, sentenced to a non-parole period of four years commencing 14 December 2008 and expiring 13 December 2012, with a total term of six years expiring 13 December 2014.' 'On count 2, sentenced to a non-parole period of four years commencing 14 April 2009 and expiring 13 April 2013, with a total term of six...