The Queen v DLW [2021] NSWDC 319

The Queen v DLW [2021] NSWDC 319

Because the three offences involved serious penile/anal sexual assaults of a child victim aged 10 or 11, with violence, threats and, for Count 3, use of a knife, no sentence other than full-time imprisonment was appropriate. The offender's youth, immaturity, traumatic upbringing and childhood sexual abuse reduced moral culpability and justified moderation of deterrence and retribution, special circumstances and an aggregate sentence partly concurrent with the existing sentence.

Jurisdiction
Australia
Judgment Date
15 July 2021
Procedural Posture
Criminal Sentencing for Aggravated Sexual Assault Offences After Judge Alone Trial / Remarks on Sentence Following Findings of Guilt on Counts 1 3
Outcome
Full-time custodial sentence imposed; offender convicted on Counts 1-3 and sentenced to an aggregate term of imprisonment with an apprehended violence order.
Legal Topics
['aggravated Sexual Assault of Victim Aged Under 16 Years' 'historical Child Sexual Offences' 'sentencing a Person as an Adult for Offences Committed as a Juvenile' 'objective Seriousness' 'special Circumstances' 'aggregate Sentence' 'apprehended Violence Order']
['criminal Law' 'sentencing'] ['aggravated Sexual Assault of Victim Aged Under 16 Years' 'historical Child Sexual Offences' 'sentencing a Person as an Adult for Offences Committed as a Juvenile' 'objective Seriousness' 'special Circumstances' 'aggregate Sentence' 'apprehended Violence Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Aggravated Sexual Assault Offences After Judge Alone Trial / Remarks on Sentence Following Findings of Guilt on Counts 1 3

Legal Issues

  1. 1 ['What sentence should be imposed for three counts of aggravated sexual assault of a victim aged under 16 years contrary to s 61J of the Crimes Act 1900 (NSW).' "How the offender's age, immaturity and circumstances at the time of the offences affected moral culpability and the weight to be given to deterrence, retribution and rehabilitation." 'Whether no penalty other than full-time imprisonment was appropriate.' 'Whether special circumstances justified a non-parole period below the statutory ratio.' "How the sentence should commence in light of the offender's existing sentence for unrelated offences." 'Whether an apprehended violence order was required.']

Ratio Decidendi

Because the three offences involved serious penile/anal sexual assaults of a child victim aged 10 or 11, with violence, threats and, for Count 3, use of a knife, no sentence other than full-time imprisonment was appropriate. The offender's youth, immaturity, traumatic upbringing and childhood sexual abuse reduced moral culpability and justified moderation of deterrence and retribution, special circumstances and an aggregate sentence partly concurrent with the existing sentence.

Court Disposition

Full-time custodial sentence imposed; offender convicted on Counts 1-3 and sentenced to an aggregate term of imprisonment with an apprehended violence order.

Orders

  • ['DLW is convicted of Count 1, aggravated sexual assault of victim aged under 16 years, in breach of s 61J of the Crimes Act 1900 (NSW).' 'DLW is convicted of Count 2, another count of aggravated sexual assault of victim aged under 16 years, in breach of s 61J of the Crimes Act 1900 (NSW).' 'DLW is convicted of...