R v RDT (a pseudonym) [2019] NSWDC 596

R v RDT (a pseudonym) [2019] NSWDC 596

An aggregate sentence of 20 years imprisonment with a non-parole period of 15 years was warranted because the offending involved very serious child sexual offending, a planned conspiracy and attempt to sexually assault an infant, sexual offences against the offender's very young daughter involving a grave breach of trust, dissemination of child abuse material, high overall criminality, limited remorse, guarded rehabilitation prospects and no finding of special circumstances, while allowing discounts for the 2015 guilty pleas and accounting for parity, pre-sentence custody and the offender's lack of prior convictions.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to 2015 Offences and Jury Convictions on Indictment
Outcome
The offender was convicted and sentenced to an aggregate sentence of 20 years imprisonment with an aggregate non-parole period of 15 years.
Legal Topics
['child Sex Offences' 'conspiracy to Have Sexual Intercourse With Child Under 10' 'attempt to Procure Child Under 14 for Unlawful Sexual Activity' 'dissemination of Child Abuse Material' 'sexual Intercourse With Child Under 10' 'act of Indecency With Child Under 10' 'aggregate Sentencing' 'non Parole Period']
['criminal Law' 'sentencing'] ['child Sex Offences' 'conspiracy to Have Sexual Intercourse With Child Under 10' 'attempt to Procure Child Under 14 for Unlawful Sexual Activity' 'dissemination of Child Abuse Material' 'sexual Intercourse With Child Under 10' 'act of Indecency With Child Under 10' 'aggregate Sentencing' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to 2015 Offences and Jury Convictions on Indictment

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty pleas to conspiracy, attempted procurement and dissemination of child abuse material offences and for the offences of which he was convicted after trial." 'How the objective seriousness of the offences should be assessed, including the vulnerability and age of the children, planning, breach of trust and dissemination of child abuse material.' "Whether the offender's subjective circumstances, lack of prior convictions, pleas of guilty, limited remorse, rehabilitation prospects, risk of reoffending and pre-sentence custody affected sentence." 'Whether special circumstances should be found when fixing the non-parole period.' 'How parity with the co-offender should be considered.']

Ratio Decidendi

An aggregate sentence of 20 years imprisonment with a non-parole period of 15 years was warranted because the offending involved very serious child sexual offending, a planned conspiracy and attempt to sexually assault an infant, sexual offences against the offender's very young daughter involving a grave breach of trust, dissemination of child abuse material, high overall criminality, limited remorse, guarded rehabilitation prospects and no finding of special circumstances, while allowing discounts for the 2015 guilty pleas and accounting for parity, pre-sentence custody and the offender's lack of prior convictions.

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of 20 years imprisonment with an aggregate non-parole period of 15 years.

Orders

  • ['The offender is convicted of all offences to which he pleaded guilty and of which the jury found him guilty.' 'Indicative sentence for conspiracy to have sexual intercourse with a child under ten years of age: eight and a half years imprisonment.' 'Indicative sentence for attempt to intentionally procure a child...