R v WD [2023] NSWDC 542

R v WD [2023] NSWDC 542

Given the seriousness of the predatory sexual offending against a 14-year-old child in her home by a trusted adult, the abuse of trust, the harm to the victim, and the need for general deterrence, denunciation and recognition of harm, immediate release on the basis of time served would not adequately reflect the offending. Balancing those matters with the offender's early guilty pleas, prior good character, genuine remorse, low risk of re-offending and good prospects of rehabilitation, an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 2 months was appropriate, with special circumstances justifying a longer parole period.

Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Criminal Sentence for Child Sex Offences / Sentencing After Guilty Pleas
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 2 months, backdated to 11 October 2022.
Legal Topics
['child Sex Offences' 'intentionally Sexually Touch Child 10 Years or Older and Under 16 Years' 'aggregate Sentence' 'form 1 Offence' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['child Sex Offences' 'intentionally Sexually Touch Child 10 Years or Older and Under 16 Years' 'aggregate Sentence' 'form 1 Offence' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Child Sex Offences / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective seriousness of three offences of intentionally sexually touching a child 10 years or older and under 16 years.' "Whether aggravating factors including offending in the victim's home and abuse of a position of trust applied." 'Whether mitigating factors including prior good character, guilty pleas, remorse, low risk of re-offending and prospects of rehabilitation applied.' 'Whether time already served was a sufficient non-parole period.' 'Whether an aggregate sentence should be imposed and what indicative sentences should be specified.' 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

Given the seriousness of the predatory sexual offending against a 14-year-old child in her home by a trusted adult, the abuse of trust, the harm to the victim, and the need for general deterrence, denunciation and recognition of harm, immediate release on the basis of time served would not adequately reflect the offending. Balancing those matters with the offender's early guilty pleas, prior good character, genuine remorse, low risk of re-offending and good prospects of rehabilitation, an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 2 months was appropriate, with special circumstances justifying a longer parole period.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 2 months, backdated to 11 October 2022.

Orders

  • ['For the offences for which he pleaded guilty, the offender is convicted.' 'For Sequences 3, 5 and 6, the offender is sentenced to an aggregate term of imprisonment for a period of 4 years, with a non-parole period of 2 years 2 months, to date from 11 October 2022.' 'The first date the offender is eligible for...