R v Wood [2015] NSWDC 354

R v Wood [2015] NSWDC 354

The offence required a sentence of full-time imprisonment because it was aggravated sexual assault of a 17-year-old sister-in-law who lived in the offender's household and was under his authority, committed by digital penetration in an isolated car after she had consumed alcohol and an ecstasy tablet, and the offender knew she was not consenting. Although the offending was towards the lower end of objective seriousness for this offence, was not premeditated, the offender had a negligible record, positive personal circumstances and a low to low-moderate risk of reoffending, there was no relevant remorse and the gravity of the offence precluded a non-custodial sentence. Special...

Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Criminal Sentence / Sentence After Trial Following Jury Verdict of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 5 years with a non-parole period of 3 years.
Legal Topics
['aggravated Sexual Assault' 'victim Under Authority of Offender' "sexual Assault of Teenage Sister in Law Living in Offender's Household" 'objective Seriousness' 'remorse' 'character References' 'non Parole Period' 'protective Custody']
['criminal Law' 'sentencing'] ['aggravated Sexual Assault' 'victim Under Authority of Offender' "sexual Assault of Teenage Sister in Law Living in Offender's Household" 'objective Seriousness' 'remorse' 'character References' 'non Parole Period' 'protective Custody']

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Procedural Posture

Criminal Sentence / Sentence After Trial Following Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated sexual assault under s 61J of the Crimes Act 1900 (NSW).' "How objectively serious the offence was, including the circumstance that the victim was a 17-year-old member of the offender's household and under his authority." "What weight should be given to the offender's negligible criminal record, personal circumstances, character references, risk of reoffending and asserted remorse." 'Whether a sentence not involving full-time custody was available.' 'Whether special circumstances justified reducing the ratio between the head sentence and the non-parole period.']

Ratio Decidendi

The offence required a sentence of full-time imprisonment because it was aggravated sexual assault of a 17-year-old sister-in-law who lived in the offender's household and was under his authority, committed by digital penetration in an isolated car after she had consumed alcohol and an ecstasy tablet, and the offender knew she was not consenting. Although the offending was towards the lower end of objective seriousness for this offence, was not premeditated, the offender had a negligible record, positive personal circumstances and a low to low-moderate risk of reoffending, there was no relevant remorse and the gravity of the offence precluded a non-custodial sentence. Special...

Court Disposition

Offender convicted and sentenced to imprisonment for 5 years with a non-parole period of 3 years.

Orders

  • ['For the offence of aggravated sexual assault, a sentence of 5 years imprisonment to commence on 10 September 2015 and to expire on 9 September 2020.' 'A non-parole period of 3 years is fixed to commence on 10 September 2015 and to expire on 9 September 2018.' "Pursuant to s 578A Crimes Act 1900 there is to be no...