R v Perkins [2020] NSWDC 803

R v Perkins [2020] NSWDC 803

The offending was serious and below the midrange but not in the lower range of objective seriousness. It was opportunistic and not pre-planned, but involved a ten-year-old victim, breach of trust, offending in the place where the child was staying overnight, repeated requests for silence, and an invitation to further offending. The offender's childhood sexual abuse and intoxication did not reduce moral culpability, though they were relevant subjective factors. His early guilty plea, genuine remorse, extra-curial punishment, delay, good rehabilitation prospects and low risk of reoffending mitigated sentence. Full-time imprisonment was required, with special circumstances justifying a...

Jurisdiction
Australia
Judgment Date
17 August 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea Following Committal From the Local Court
Outcome
The offender was convicted and sentenced to imprisonment for 5 years with a non-parole period of 3 years.
Legal Topics
['aggravated Sexual Intercourse With a Child of 10 Years of Age' 'breach of Trust' 'child Sexual Offending' 'guilty Plea Discount' 'remorse' 'extra Curial Punishment' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse With a Child of 10 Years of Age' 'breach of Trust' 'child Sexual Offending' 'guilty Plea Discount' 'remorse' 'extra Curial Punishment' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea Following Committal From the Local Court

Legal Issues

  1. 1 ['Assessment of the objective seriousness of aggravated sexual intercourse with a child under the authority of the offender.' "Whether the offender's moral culpability was reduced by his own childhood sexual abuse and intoxication." "Whether the offender's guilty plea, remorse, extra-curial punishment, delay, rehabilitation prospects and time on remand mitigated sentence." 'Whether special circumstances justified altering the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offending was serious and below the midrange but not in the lower range of objective seriousness. It was opportunistic and not pre-planned, but involved a ten-year-old victim, breach of trust, offending in the place where the child was staying overnight, repeated requests for silence, and an invitation to further offending. The offender's childhood sexual abuse and intoxication did not reduce moral culpability, though they were relevant subjective factors. His early guilty plea, genuine remorse, extra-curial punishment, delay, good rehabilitation prospects and low risk of reoffending mitigated sentence. Full-time imprisonment was required, with special circumstances justifying a...

Court Disposition

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

Orders

  • ['Aaron Perkins is convicted.' 'Aaron Perkins is sentenced to imprisonment for 5 years with a non-parole period of 3 years.' 'A finding of special circumstances is made.' 'The sentence dates from 8 June 2020 and expires on 7 June 2025.' 'The earliest date of release to parole is 7 June 2023.' 'The sentence has...