R v Blaikie [2024] NSWDC 67

R v Blaikie [2024] NSWDC 67

Counts 1 to 5 warranted full-time imprisonment because of the seriousness of the child sexual offending, the need for general deterrence, denunciation and recognition of harm, and the aggravating abuse of a position of trust. Specific deterrence carried little weight because of the offender's age, ill-health and low risk of sexual reoffending, and special circumstances were established by age and ill-health. Applying totality, an aggregate sentence of six years with a non-parole period of four years was appropriate for counts 1 to 5, while count 6 did not pass the s 5 threshold and was dealt with by conviction without further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Criminal Sentence for Child Sex Offences / Sentence After Jury Verdicts of Guilty
Outcome
The offender was convicted on counts 1 to 6. For counts 1 to 5 he was sentenced to an aggregate term of imprisonment of 6 years commencing 26 February 2023, with a non-parole period of 4 years and balance of term of 2 years. For count 6 he was convicted without any other penalty under s 10A of the Crimes (Sentencing...
Legal Topics
['child Sex Offences' 'sexual Intercourse With Child' 'assault With Intent to Have Sexual Intercourse' 'aggravated Indecent Assault' 'objective Seriousness' 'aggravating Factor of Abuse of Position of Trust' 'special Circumstances' 'aggregate Sentence' 'totality Principle']
['criminal Law' 'sentencing'] ['child Sex Offences' 'sexual Intercourse With Child' 'assault With Intent to Have Sexual Intercourse' 'aggravated Indecent Assault' 'objective Seriousness' 'aggravating Factor of Abuse of Position of Trust' 'special Circumstances' 'aggregate Sentence' 'totality Principle']

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Procedural Posture

Criminal Sentence for Child Sex Offences / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for six historic child sex offences committed between December 2001 and June 2002.' 'How the objective seriousness of each offence should be assessed.' 'Whether abuse of a position of trust was an aggravating factor.' "Whether the offender's age and ill-health justified a finding of special circumstances." 'Whether count 6 should be dealt with by way of s 10A of the Crimes (Sentencing Procedure) Act 1999.' 'How the principle of totality should apply to an aggregate sentence for counts 1 to 5.']

Ratio Decidendi

Counts 1 to 5 warranted full-time imprisonment because of the seriousness of the child sexual offending, the need for general deterrence, denunciation and recognition of harm, and the aggravating abuse of a position of trust. Specific deterrence carried little weight because of the offender's age, ill-health and low risk of sexual reoffending, and special circumstances were established by age and ill-health. Applying totality, an aggregate sentence of six years with a non-parole period of four years was appropriate for counts 1 to 5, while count 6 did not pass the s 5 threshold and was dealt with by conviction without further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

The offender was convicted on counts 1 to 6. For counts 1 to 5 he was sentenced to an aggregate term of imprisonment of 6 years commencing 26 February 2023, with a non-parole period of 4 years and balance of term of 2 years. For count 6 he was convicted without any other penalty under s 10A of the Crimes (Sentencing...

Orders

  • ['Following the jury verdicts of guilty on 28 November 2023 in respect of counts 1 to 6 on the indictment the offender is convicted of those charges.' 'The offender is sentenced on counts 1 to 5 to a term of imprisonment to date from 26 February 2023 with a non-parole period of 4 years and a balance of term of 2...