R v GS [2019] NSWDC 605

R v GS [2019] NSWDC 605

Given the multiple serious sexual offences over a prolonged period involving multiple child victims and a significant breach of trust, with no relevant mitigating moral factors from the offender's childhood, an aggregate sentence of 12 years imprisonment with a non parole period of eight years is warranted, applying the totality principle and granting a 25% discount for early guilty plea.

Jurisdiction
Australia
Judgment Date
02 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 12 years imprisonment with a non parole period of eight years, commencing from 4 May 2017. Eligible for parole on 3 May 2025. Sentence expires 3 May 2029.
Legal Topics
['child Sex Offences' 'sentencing' 'aggregate Sentence' 'totality Principle']
['criminal Law'] ['child Sex Offences' 'sentencing' 'aggregate Sentence' 'totality Principle']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple child sex offences with multiple victims' 'Assessment of objective seriousness of offending' 'Application of totality principle in sentencing' 'Consideration of guilty plea and rehabilitation prospects' 'Determination of special circumstances for sentencing']

Ratio Decidendi

Given the multiple serious sexual offences over a prolonged period involving multiple child victims and a significant breach of trust, with no relevant mitigating moral factors from the offender's childhood, an aggregate sentence of 12 years imprisonment with a non parole period of eight years is warranted, applying the totality principle and granting a 25% discount for early guilty plea.

Court Disposition

Aggregate sentence of 12 years imprisonment with a non parole period of eight years, commencing from 4 May 2017. Eligible for parole on 3 May 2025. Sentence expires 3 May 2029.

Orders

  • ['An aggregate sentence of 12 years imprisonment with a non parole period of eight years imposed.' 'Sentence to commence from 4 May 2017.' 'The offender will be eligible for parole on 3 May 2025.' 'Head sentence expires on 3 May 2029.' 'Crimes (High Risk Offenders) Act of 2006 applies to the offender.']