R v Borri [2021] NSWDC 189

R v Borri [2021] NSWDC 189

The offending involved repeated and serious sexual offending against four children over about ten and a half years, with deliberate habituation of sexualised conduct, breach of trust, offending in homes where the victims were entitled to feel safe, and grave impact on the complainants. The offender's remorse was given limited weight, rehabilitation prospects were not found to be good, and both general and specific deterrence required a substantial custodial sentence. Applying totality, an aggregate sentence of 16 years imprisonment with a 12 year non-parole period was appropriate, and special circumstances were not found because a four year balance of term was adequate for parole...

Jurisdiction
Australia
Judgment Date
05 February 2021
Procedural Posture
Criminal Sentence for Child Sex Offences / Sentencing After Pleas of Guilty to 26 Counts
Outcome
Convicted on each of the 26 offences and sentenced to an aggregate term of imprisonment of 16 years with a non-parole period of 12 years.
Legal Topics
['child Sex Offences' 'acts of Indecency' 'aggravated Sexual Intercourse With Children' 'aggregate Sentence' 'standard Non Parole Period' 'victim Impact Statements' 'totality' 'remorse and Contrition' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['child Sex Offences' 'acts of Indecency' 'aggravated Sexual Intercourse With Children' 'aggregate Sentence' 'standard Non Parole Period' 'victim Impact Statements' 'totality' 'remorse and Contrition' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence for Child Sex Offences / Sentencing After Pleas of Guilty to 26 Counts

Legal Issues

  1. 1 ['Assessment of the objective seriousness of 26 child sex offences committed against four complainants over about ten and a half years' "Identification of aggravating features including offending in victims' homes and breach of trust or authority" 'Assessment of remorse, contrition, rehabilitation prospects and risk of reoffending' 'Application of totality in fixing an aggregate sentence and indicative sentences' 'Whether special circumstances should be found']

Ratio Decidendi

The offending involved repeated and serious sexual offending against four children over about ten and a half years, with deliberate habituation of sexualised conduct, breach of trust, offending in homes where the victims were entitled to feel safe, and grave impact on the complainants. The offender's remorse was given limited weight, rehabilitation prospects were not found to be good, and both general and specific deterrence required a substantial custodial sentence. Applying totality, an aggregate sentence of 16 years imprisonment with a 12 year non-parole period was appropriate, and special circumstances were not found because a four year balance of term was adequate for parole...

Court Disposition

Convicted on each of the 26 offences and sentenced to an aggregate term of imprisonment of 16 years with a non-parole period of 12 years.

Orders

  • ['The offender is convicted in respect of each of the 26 offences.' 'Indicative sentence for Count 1 Sequence 2: 1 year 6 months imprisonment.' 'Indicative sentence for Count 2 Sequence 3: 2 years 3 months imprisonment with an indicative non-parole period of 1 year 8 months.' 'Indicative sentence for Count 3...