R v Peter Geoffrey RAE [2008] NSWDC 381

R v Peter Geoffrey RAE [2008] NSWDC 381

The offences were serious sexual offences against young victims involving abuse of trust and substantial emotional harm, but the buggery offences and indecent assaults were assessed at the lower end of the objective seriousness range after considering 1970s and 1980s sentencing practices. Taking into account the offender's guilty pleas, age, health, limited remorse, risk assessment, lack of relevant prior record at the time and the additional Form 1 offences, custodial sentences with partially cumulative non-parole periods were required.

Jurisdiction
Australia
Judgment Date
28 February 2008
Procedural Posture
Criminal Sentencing for Buggery, Indecent Assault on a Male and Indecent Assault Offences / Sentence After Pleas of Guilty
Outcome
Mr Rae was sentenced to imprisonment for four offences, with an earliest eligibility for release on 5 February 2011, subject to the Parole Authority.
Legal Topics
['buggery' 'indecent Assault' 'additional Offences Taken Into Account Under S 32' 'historical Sentencing Patterns' 'victim Impact' 'aggravating Factors' 'guilty Plea Discount' 'non Parole Periods']
['criminal Law' 'sentencing'] ['buggery' 'indecent Assault' 'additional Offences Taken Into Account Under S 32' 'historical Sentencing Patterns' 'victim Impact' 'aggravating Factors' 'guilty Plea Discount' 'non Parole Periods']

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Procedural Posture

Criminal Sentencing for Buggery, Indecent Assault on a Male and Indecent Assault Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for two offences of buggery, one offence of indecent assault on a male and one offence of indecent assault committed in the 1980s.' 'The extent to which sentencing patterns at the time of the offences should be taken into account.' 'The objective seriousness of the offences and the effect of aggravating factors including substantial emotional harm and abuse of trust.' "The mitigating effect of the offender's age, health, guilty pleas, limited remorse and risk of re-offending."]

Ratio Decidendi

The offences were serious sexual offences against young victims involving abuse of trust and substantial emotional harm, but the buggery offences and indecent assaults were assessed at the lower end of the objective seriousness range after considering 1970s and 1980s sentencing practices. Taking into account the offender's guilty pleas, age, health, limited remorse, risk assessment, lack of relevant prior record at the time and the additional Form 1 offences, custodial sentences with partially cumulative non-parole periods were required.

Court Disposition

Mr Rae was sentenced to imprisonment for four offences, with an earliest eligibility for release on 5 February 2011, subject to the Parole Authority.

Orders

  • ['For the indecent assault on X contrary to s 61E(1) of the Crimes Act, sentence of 12 months imprisonment with a non-parole period of 9 months commencing 6 February 2008 and expiring 5 November 2008; balance of term from 6 November 2008 to 5 February 2009.' 'For the indecent assault on X contrary to s 81 of the...