R v Treverrow [2022] NSWDC 481

R v Treverrow [2022] NSWDC 481

The offender's break and enter of the victim's home at night and sexual touching was predatory, opportunistic, for sexual gratification, and marginally below the mid-range of objective seriousness for the s 112(2) offence. Imprisonment was required for punishment, denunciation and general deterrence. Although the offender had limited relevant antecedents, good prospects of rehabilitation, family hardship, mental health issues, and low risk of reoffending, his remorse was qualified and he persisted in denying the sexual touching. Special circumstances justified a non-parole period equal to one half of the total term, but the seriousness of the offending required a total sentence of 3 years...

Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Guilty in the District Court of New South Wales
Outcome
Offender convicted and sentenced to imprisonment for 3 years with a non-parole period of 18 months.
Legal Topics
['break and Enter Dwelling House and Commit Serious Indictable Offence' 'sexual Touching in Circumstances of Aggravation' 'objective Seriousness' 'standard Non Parole Period' 'imprisonment' 'special Circumstances' 'intensive Correction Order Eligibility']
['criminal Law' 'sentencing'] ['break and Enter Dwelling House and Commit Serious Indictable Offence' 'sexual Touching in Circumstances of Aggravation' 'objective Seriousness' 'standard Non Parole Period' 'imprisonment' 'special Circumstances' 'intensive Correction Order Eligibility']

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Guilty in the District Court of New South Wales

Legal Issues

  1. 1 ['What sentence should be imposed for an offence contrary to s 112(2) Crimes Act 1900 involving break and enter of a dwelling-house and sexual touching.' "How the objective seriousness of the offending should be assessed, including the aggravating circumstance that the offence occurred in the victim's home." 'Whether any sentence of two years or less would make an intensive correction order available and appropriate.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and the balance of term.' "What weight should be given to the offender's mental health, family hardship, prior character, limited criminal history, qualified remorse, prospects of rehabilitation, and bail conditions."]

Ratio Decidendi

The offender's break and enter of the victim's home at night and sexual touching was predatory, opportunistic, for sexual gratification, and marginally below the mid-range of objective seriousness for the s 112(2) offence. Imprisonment was required for punishment, denunciation and general deterrence. Although the offender had limited relevant antecedents, good prospects of rehabilitation, family hardship, mental health issues, and low risk of reoffending, his remorse was qualified and he persisted in denying the sexual touching. Special circumstances justified a non-parole period equal to one half of the total term, but the seriousness of the offending required a total sentence of 3 years...

Court Disposition

Offender convicted and sentenced to imprisonment for 3 years with a non-parole period of 18 months.

Orders

  • ['For the offence with which he was charged and upon which he was found guilty, the offender is convicted.' 'A non-parole period of imprisonment of 18 months commences on 9 August 2022 and expires on 8 February 2024.' 'A further period of imprisonment of 18 months commences at the expiration of the non-parole period...