R v Livesey (a pseudonym) [2023] NSWDC 4

R v Livesey (a pseudonym) [2023] NSWDC 4

Given the objective seriousness and aggravating features of the offences against a vulnerable child, and the abuse of trust, only full-time imprisonment is appropriate. An aggregate term of 10 years’ imprisonment with a non-parole period of 7 years 6 months is imposed, reflecting a 10% discount for the late guilty plea. Special circumstances for a varied ratio of head sentence to non-parole period are not found.

Jurisdiction
Australia
Judgment Date
10 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment imposed with non-parole period
Legal Topics
['assault Occasioning Actual Bodily Harm' 'cause Grievous Bodily Harm With Intent' 'sentencing']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'cause Grievous Bodily Harm With Intent' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for assault occasioning actual bodily harm under s59(1) Crimes Act 1900 (NSW)' 'Appropriate sentence for causing grievous bodily harm with intent under s33(1)(b) Crimes Act 1900 (NSW)' 'Assessment of aggravating and mitigating circumstances in sentencing' 'Determination of objective seriousness of offences' 'Discount for plea of guilty']

Ratio Decidendi

Given the objective seriousness and aggravating features of the offences against a vulnerable child, and the abuse of trust, only full-time imprisonment is appropriate. An aggregate term of 10 years’ imprisonment with a non-parole period of 7 years 6 months is imposed, reflecting a 10% discount for the late guilty plea. Special circumstances for a varied ratio of head sentence to non-parole period are not found.

Court Disposition

Aggregate term of imprisonment imposed with non-parole period

Orders

  • ['Aggregate sentence: term of imprisonment of 10 years with a non-parole period of 7 years and 6 months, commencing 28 August 2020; balance of 2 years and 6 months expiring 27 August 2030']