R v Fenner [2020] NSWDC 732

R v Fenner [2020] NSWDC 732

The offending was assessed as mid-range in objective seriousness because the offender, while the victim's teacher, committed repeated sexual offences against a 17-year-old student under his special care over several months, involving a gross breach of trust and exploitation of his position. Although the pleaded aggravating factors under s 21A were not established and remorse, rehabilitation prospects and low risk of reoffending mitigated the sentence, prior good character and lack of record did not. The seriousness of the principal and Form 1 offending, the need for denunciation and general deterrence, and the totality of the criminality required an aggregate custodial sentence, reduced...

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal Sentencing for Sexual Intercourse With a Young Person Under Special Care / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of three years and nine months with a non-parole period of two years and three months.
Legal Topics
['child Sex Offences' 'sexual Intercourse With Young Person Under Special Care' 'teacher Student Offending' 'form 1 Offences' 'objective Seriousness' 'mitigating Factors' 'general Deterrence' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['child Sex Offences' 'sexual Intercourse With Young Person Under Special Care' 'teacher Student Offending' 'form 1 Offences' 'objective Seriousness' 'mitigating Factors' 'general Deterrence' 'aggregate Sentence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Sexual Intercourse With a Young Person Under Special Care / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the offending should be assessed as mid-range or below mid-range in objective seriousness.' 'Whether the alleged aggravating factors under s 21A (2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) were established.' "What effect should be given to the offender's early guilty plea, remorse, rehabilitation prospects, lack of prior record and prior good character." 'How the Form 1 offences should affect the penalty for the principal offences.' 'Whether any penalty other than imprisonment was appropriate.' 'Whether special circumstances justified adjustment of the non-parole period.']

Ratio Decidendi

The offending was assessed as mid-range in objective seriousness because the offender, while the victim's teacher, committed repeated sexual offences against a 17-year-old student under his special care over several months, involving a gross breach of trust and exploitation of his position. Although the pleaded aggravating factors under s 21A were not established and remorse, rehabilitation prospects and low risk of reoffending mitigated the sentence, prior good character and lack of record did not. The seriousness of the principal and Form 1 offending, the need for denunciation and general deterrence, and the totality of the criminality required an aggregate custodial sentence, reduced...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of three years and nine months with a non-parole period of two years and three months.

Orders

  • ['The offender is convicted of the offences which bring him before the Court.' 'The offender is sentenced to a term of imprisonment of three years and nine months, with a non-parole period of two years and three months.' 'The term of imprisonment shall commence on 9 October 2020 and the non-parole period shall...