R v Tuckfield [2019] NSWDC 954

R v Tuckfield [2019] NSWDC 954

The offending was assessed as falling in the midrange of objective gravity, having regard to the complainant's young age, the 18-year age disparity, exploitation through alcohol, the Victim's lack of willing participation, and the penile/vaginal nature of the intercourse. Full-time custody was the only reasonable sentencing option, but the guilty plea, subjective circumstances, first time in custody, and need for rehabilitation and supervision justified special circumstances and departure from the standard non-parole period.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Convicted and sentenced to full-time imprisonment.
Legal Topics
['aggravated Sexual Intercourse With Person Between 14 and 16 Years' 'form 1 Offence' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'objective Seriousness' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse With Person Between 14 and 16 Years' 'form 1 Offence' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'objective Seriousness' 'special Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated sexual intercourse with a person between 14 and 16 years under s 66C(4) of the Crimes Act 1900 (NSW).' 'How the Form 1 offence of assault occasioning actual bodily harm should be taken into account.' 'Whether the offending fell within the mid-range of objective seriousness.' 'Whether any sentence other than full-time custody was appropriate.' 'Whether special circumstances justified a departure from the statutory ratio and the standard non-parole period.']

Ratio Decidendi

The offending was assessed as falling in the midrange of objective gravity, having regard to the complainant's young age, the 18-year age disparity, exploitation through alcohol, the Victim's lack of willing participation, and the penile/vaginal nature of the intercourse. Full-time custody was the only reasonable sentencing option, but the guilty plea, subjective circumstances, first time in custody, and need for rehabilitation and supervision justified special circumstances and departure from the standard non-parole period.

Court Disposition

Convicted and sentenced to full-time imprisonment.

Orders

  • ['Ryan Tuckfield is convicted of aggravated sexual intercourse with a person between 14 and 16 years of age in breach of s 66C(4) of the Crimes Act 1900 (NSW).' 'For that offence, and having regard to the Form 1 matter, a sentence of imprisonment is imposed consisting of a non-parole period of 3 years commencing 27...