R v McKenzie [2021] NSWDC 82

R v McKenzie [2021] NSWDC 82

The offender's offending involved grooming and sexual offending against a very young child, including penile/vaginal intercourse, and required significant punishment and deterrence. The victim vulnerability aggravating factor was established beyond reasonable doubt because of the victim's ADHD and autism and the offender's knowledge of a condition like ADHD, but the Crown did not establish beyond reasonable doubt that the victim's emotional harm was more than would be expected for offences of this kind. Taking into account objective seriousness, the offender's prior good character, age, back injury, rehabilitation prospects, special circumstances, and appropriate concurrency and...

Jurisdiction
Australia
Judgment Date
05 February 2021
Procedural Posture
Criminal Sentence / Sentence Proceedings After Trial Before a Judge Sitting Without a Jury
Outcome
The offender was convicted of the three offences and sentenced to an aggregate term of 12 years and 6 months imprisonment with a non-parole period of 8 years and 4 months.
Legal Topics
['child Sex Offences' 'sexual Intercourse With Child Under 10' 'indecent Assault' 'aggravating Factors' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['child Sex Offences' 'sexual Intercourse With Child Under 10' 'indecent Assault' 'aggravating Factors' 'aggregate Sentence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Proceedings After Trial Before a Judge Sitting Without a Jury

Legal Issues

  1. 1 ['What sentence should be imposed for two offences under s 61M (2) of the Crimes Act and one offence under s 66A (1) of the Crimes Act.' 'Whether aggravating factors under s 21A (1) (g) and s 21A (1) (l) of the Crimes (Sentencing Procedure) Act were established beyond reasonable doubt.' 'How objective seriousness, grooming, victim vulnerability, prior good character, age, health, rehabilitation prospects, concurrency, accumulation and special circumstances should affect sentence.']

Ratio Decidendi

The offender's offending involved grooming and sexual offending against a very young child, including penile/vaginal intercourse, and required significant punishment and deterrence. The victim vulnerability aggravating factor was established beyond reasonable doubt because of the victim's ADHD and autism and the offender's knowledge of a condition like ADHD, but the Crown did not establish beyond reasonable doubt that the victim's emotional harm was more than would be expected for offences of this kind. Taking into account objective seriousness, the offender's prior good character, age, back injury, rehabilitation prospects, special circumstances, and appropriate concurrency and...

Court Disposition

The offender was convicted of the three offences and sentenced to an aggregate term of 12 years and 6 months imprisonment with a non-parole period of 8 years and 4 months.

Orders

  • ['The offender is convicted of the three offences for which he was found guilty.' 'Impose an aggregate sentence of 12 years and 6 months imprisonment with a non-parole period of 8 years and 4 months. The sentence commences on 12 November 2018 and expires on 11 May 2031. The non-parole period expires on 11 Mach 2027.']