R v Campbell (a pseudonym) [2017] NSWDC 359

R v Campbell (a pseudonym) [2017] NSWDC 359

Despite the offender's youth, guilty pleas, remorse, good character and good rehabilitation prospects, the multiple sexual offences against significantly younger family members, particularly the acts of sexual intercourse with a 6 year old child and the harm caused, were objectively serious and required a custodial aggregate sentence to be served in juvenile detention; however, no conviction was recorded because of the offender's age and rehabilitation prospects.

Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Criminal Sentence / Committed for Sentence After Pleas of Guilty
Outcome
The offender was sentenced to an aggregate term of imprisonment with a non-parole period of 8 months and a head sentence of 16 months, to be served in a Juvenile Detention Centre, with no conviction recorded.
Legal Topics
['child Offender' 'sexual Assault' 'sexual Intercourse With a Child Under the Age of 10' 'indecent Assault' 'aggregate Sentence' 'juvenile Detention' 'non Publication Orders']
['criminal Law' 'sentencing'] ['child Offender' 'sexual Assault' 'sexual Intercourse With a Child Under the Age of 10' 'indecent Assault' 'aggregate Sentence' 'juvenile Detention' 'non Publication Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Committed for Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed on a 13 year old offender who pleaded guilty to sexual offences against younger cousins.' "Whether the objective seriousness of the offending required a custodial sentence despite the offender's youth and rehabilitation prospects." 'Whether the offence involving Lisa should be dealt with according to law.' 'Whether a conviction should be recorded.' 'Whether the offender should be named.']

Ratio Decidendi

Despite the offender's youth, guilty pleas, remorse, good character and good rehabilitation prospects, the multiple sexual offences against significantly younger family members, particularly the acts of sexual intercourse with a 6 year old child and the harm caused, were objectively serious and required a custodial aggregate sentence to be served in juvenile detention; however, no conviction was recorded because of the offender's age and rehabilitation prospects.

Court Disposition

The offender was sentenced to an aggregate term of imprisonment with a non-parole period of 8 months and a head sentence of 16 months, to be served in a Juvenile Detention Centre, with no conviction recorded.

Orders

  • ['There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants, including the true name of the offender.' 'The offender is sentenced to an aggregate sentence of imprisonment commencing 14 December 2017 consisting of a non-parole period of 8 months and a...