R v Davidson (a pseudonym) [2023] NSWDC 101

R v Davidson (a pseudonym) [2023] NSWDC 101

The two offences were very serious because they involved sexual penetration of a 15-year-old child by an adult uncle and carer in the home where she was entitled to safety, but the acts were relatively brief, fleeting, caused no reported physical pain, and lacked some commonly occurring aggravating features, placing each lower in the range of objective seriousness for such offences. Custodial sentences were required. After weighing objective seriousness, the maximum penalty and standard non-parole period, the offender's record, lack of remorse and insight, health and custodial hardship, family and community support, COVID impacts, SMAP status, need for supervision, and special...

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict and Conviction
Outcome
Aggregate sentence imposed: 5 years imprisonment with a non-parole period of 3 years.
Legal Topics
['aggravated Sexual Intercourse With Child Under 16 Years' 'domestic Violence' 'victim Impact Statement' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse With Child Under 16 Years' 'domestic Violence' 'victim Impact Statement' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict and Conviction

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of Sexual Intercourse with a Child Under 16 in Circumstances of Aggravation, that the Child was Under his Authority: s 66C(2) Crimes Act 1900 (NSW).' "How the objective seriousness of each offence should be assessed, including the child's age, the offender's authority, the home setting, and the nature of the sexual intercourse." 'Whether special circumstances should be found affecting the non-parole period.' "How the offender's criminal record, health, family circumstances, denial of offending, prospects of rehabilitation, and custodial hardship should affect sentence."]

Ratio Decidendi

The two offences were very serious because they involved sexual penetration of a 15-year-old child by an adult uncle and carer in the home where she was entitled to safety, but the acts were relatively brief, fleeting, caused no reported physical pain, and lacked some commonly occurring aggravating features, placing each lower in the range of objective seriousness for such offences. Custodial sentences were required. After weighing objective seriousness, the maximum penalty and standard non-parole period, the offender's record, lack of remorse and insight, health and custodial hardship, family and community support, COVID impacts, SMAP status, need for supervision, and special...

Court Disposition

Aggregate sentence imposed: 5 years imprisonment with a non-parole period of 3 years.

Orders

  • ['An aggregate sentence of 5 years imprisonment is imposed.' 'A non-parole period of 3 years is imposed.' 'The sentence will commence on 15 November 2022.' 'The offender will become eligible for consideration for parole on 14 November 2025.' 'Release to parole will be subject to a decision of the State Parole...