R v Hampden (a pseudonym) [2021] NSWDC 195

R v Hampden (a pseudonym) [2021] NSWDC 195

The offending involved repeated sexual abuse of two child victims, including the offender's daughter and niece, in their home and in abuse of a position of trust. The principal offences were assessed as at or around the mid-range for offences of their kind, the Form 1 matters meaningfully increased the sentence for sequence 5, the victims suffered serious trauma, the offender had no meaningful insight, his remorse was not accepted as genuine, his prospects of rehabilitation were poor, and general and specific deterrence required full-time imprisonment. After applying a 25 per cent discount for early guilty pleas and taking totality into account, an aggregate sentence of 12 years...

Jurisdiction
Australia
Judgment Date
26 May 2021
Procedural Posture
Criminal Sentence / Sentence After Early Pleas of Guilty
Outcome
Aggregate term of imprisonment of 12 years with a non-parole period of 9 years.
Legal Topics
['aggravated Sexual Assault With a Victim Under 16 Years' 'intentionally Sexually Touching a Child' 'inciting the Commission of Aggravated Sexual Assault With a Victim Under 16 Years of Age' 'form 1 Matters' 'victim Impact Statements' 'general Deterrence' 'specific Deterrence' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['aggravated Sexual Assault With a Victim Under 16 Years' 'intentionally Sexually Touching a Child' 'inciting the Commission of Aggravated Sexual Assault With a Victim Under 16 Years of Age' 'form 1 Matters' 'victim Impact Statements' 'general Deterrence' 'specific Deterrence' 'aggregate Sentence']

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 Sentence / Sentence After Early Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for nine principal sexual offences involving two child victims.' 'How the four Form 1 matters attached to sequence 5 should affect the sentence for that principal offence.' "Whether the psychologist's opinion about risk to children should be accepted." 'Whether special circumstances should be found to vary the ratio of the head sentence to the non-parole period.']

Ratio Decidendi

The offending involved repeated sexual abuse of two child victims, including the offender's daughter and niece, in their home and in abuse of a position of trust. The principal offences were assessed as at or around the mid-range for offences of their kind, the Form 1 matters meaningfully increased the sentence for sequence 5, the victims suffered serious trauma, the offender had no meaningful insight, his remorse was not accepted as genuine, his prospects of rehabilitation were poor, and general and specific deterrence required full-time imprisonment. After applying a 25 per cent discount for early guilty pleas and taking totality into account, an aggregate sentence of 12 years...

Court Disposition

Aggregate term of imprisonment of 12 years with a non-parole period of 9 years.

Orders

  • ['For the nine principal offences, taking into account the Form 1 matters in relation to sequence 5, the offender is sentenced to a term of imprisonment of 12 years.' 'A non-parole period of 9 years is fixed to date from 22 May 2020 and to expire on 21 May 2029.' 'A balance of 3 years is fixed to date from 22 May...