R v Taupe (No 2) [2013] NSWDC 330

R v Taupe (No 2) [2013] NSWDC 330

The offences were serious aggravated sexual intercourse offences against the offender's stepdaughter while she was under his authority, but each offence involved digital penetration, was spontaneous, opportunistic and brief, involved no threats, and had no aggravating features under s 21A. The offender had no prior criminal record, had favourable subjective material, had engaged in long-term psychological treatment, had good rehabilitation prospects and was very unlikely to reoffend. However, he was not entitled to a guilty plea discount and statutory remorse was not established because he had not accepted responsibility for the penetrative acts. An aggregate sentence of 3 years and 6...

Jurisdiction
Australia
Judgment Date
05 April 2013
Procedural Posture
Criminal Sentence / Remarks on Sentence After Trial Without a Jury and Convictions for Three Offences
Outcome
Aggregate sentence of 3 years and 6 months imprisonment with a non-parole period of 21 months.
Legal Topics
['aggravated Sexual Intercourse Against a Child' 'child Sexual Assault' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'remorse' 'mental Health and Depression' 'rehabilitation Prospects']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse Against a Child' 'child Sexual Assault' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'remorse' 'mental Health and Depression' 'rehabilitation Prospects']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Trial Without a Jury and Convictions for Three Offences

Legal Issues

  1. 1 ['What sentence should be imposed for three offences of aggravated sexual intercourse against a child under s 66C of the Crimes Act 1900 (NSW).' "How the seriousness of digital penetration, the victim's age, the offender's authority over the victim, and the spontaneous and opportunistic nature of the offences affected objective gravity." 'Whether good character, lack of prior criminal record, psychological treatment, depression, rehabilitation prospects and risk of reoffending mitigated sentence.' 'Whether remorse could be found under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether special circumstances justified reducing the non-parole period when fixing an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW).']

Ratio Decidendi

The offences were serious aggravated sexual intercourse offences against the offender's stepdaughter while she was under his authority, but each offence involved digital penetration, was spontaneous, opportunistic and brief, involved no threats, and had no aggravating features under s 21A. The offender had no prior criminal record, had favourable subjective material, had engaged in long-term psychological treatment, had good rehabilitation prospects and was very unlikely to reoffend. However, he was not entitled to a guilty plea discount and statutory remorse was not established because he had not accepted responsibility for the penetrative acts. An aggregate sentence of 3 years and 6...

Court Disposition

Aggregate sentence of 3 years and 6 months imprisonment with a non-parole period of 21 months.

Orders

  • ['An aggregate sentence of 3 years and 6 months imprisonment was fixed under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'The sentence commenced on 5 April 2013 and expires on 4 October 2016.' 'A non-parole period of 21 months was fixed, commencing on 5 April 2013 and expiring on 4 January 2015.'...