R v Shen [2019] NSWDC 499

R v Shen [2019] NSWDC 499

The three indecent assaults occurred during one massage, involved the offender taking advantage of a vulnerable client who had placed trust in him as a therapeutic practitioner, and each offence fell within the mid-range of objective seriousness, with an aggravating abuse of trust. However, after applying a 10% discount for the belated guilty plea and considering the offender's lack of criminal history, genuine remorse, significant rehabilitative efforts, low assessed risk of reoffending, suitability for community service and need for treatment in the community, the appropriate sentence was concurrent three-year Community Correction Orders rather than imprisonment or an Intensive...

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea to Amended Indictment
Outcome
Convicted on each count and sentenced to concurrent Community Correction Orders for 3 years.
Legal Topics
['assault With an Act of Indecency' 'guilty Plea Discount' 'community Correction Order' 'community Service' 'abuse of Trust or Authority' 'objective Seriousness' 'rehabilitation and Remorse']
['criminal Law' 'sentencing'] ['assault With an Act of Indecency' 'guilty Plea Discount' 'community Correction Order' 'community Service' 'abuse of Trust or Authority' 'objective Seriousness' 'rehabilitation and Remorse']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea to Amended Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for three offences of assault with an act of indecency contrary to s 61L of the Crimes Act 1900.' "What discount should be allowed for the offender's belated guilty plea." 'Whether the offending crossed the s 5 imprisonment threshold or could appropriately be dealt with by a Community Correction Order.' 'Whether the relationship between a massage therapist and customer involved an abuse of trust or authority for sentencing purposes.' "What weight should be given to the offender's lack of criminal history, remorse, rehabilitation, low risk of reoffending and personal circumstances."]

Ratio Decidendi

The three indecent assaults occurred during one massage, involved the offender taking advantage of a vulnerable client who had placed trust in him as a therapeutic practitioner, and each offence fell within the mid-range of objective seriousness, with an aggravating abuse of trust. However, after applying a 10% discount for the belated guilty plea and considering the offender's lack of criminal history, genuine remorse, significant rehabilitative efforts, low assessed risk of reoffending, suitability for community service and need for treatment in the community, the appropriate sentence was concurrent three-year Community Correction Orders rather than imprisonment or an Intensive...

Court Disposition

Convicted on each count and sentenced to concurrent Community Correction Orders for 3 years.

Orders

  • ['Convicted on each count.' 'In each case the offender is sentenced to a Community Correction Order for 3 years to commence on 5 April 2019 and to be served concurrently.' 'In respect of each offence, the offender is to perform 100 hours of Community Service, for a total of 300 hours.' 'Corrective Services New South...