R v Van Ryn [2019] NSWDC 164

R v Van Ryn [2019] NSWDC 164

The offences were very serious examples of their kind: the offender created and used a paedophilic-friendly environment to entice and exploit a 14 to 15 year old child, abused trust over an extended period, escalated from sexual touching to fellatio and anal intercourse, and offered money for sexual acts. Although the offender received a 25% discount for early guilty pleas and his subjective circumstances and delay were considered, the offending involved a separate victim and required some accumulation on the existing sentence under the totality principle. Extra-curial punishment and protective custody did not justify further mitigation on the evidence. An aggregate sentence of 9 years...

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate term of 9 years imprisonment commencing on 10 April 2020, with eligibility for parole on 9 April 2029.
Legal Topics
['child Sex Offences' 'aggravated Sexual Intercourse With a Child Aged 14 to 16' 'objective Seriousness' 'guilty Plea Discount' 'totality' 'extra Curial Punishment' 'protective Custody']
['criminal Law' 'sentencing'] ['child Sex Offences' 'aggravated Sexual Intercourse With a Child Aged 14 to 16' 'objective Seriousness' 'guilty Plea Discount' 'totality' 'extra Curial Punishment' 'protective Custody']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for four offences contrary to s 66C(4) of the Crimes Act involving aggravated sexual intercourse with a person between 14 and 16.' 'The objective seriousness of the offending, including predatory conduct, abuse of trust, age disparity, duration of offending, offer of money for sexual acts, and the nature of the sexual intercourse.' 'Whether and how the 25% discount for early guilty pleas should be applied.' 'Whether delay, extra-curial punishment, hardship in custody and protective custody should mitigate sentence.' 'How the totality principle should apply given the offender was already serving a lengthy sentence for other child sexual offending.']

Ratio Decidendi

The offences were very serious examples of their kind: the offender created and used a paedophilic-friendly environment to entice and exploit a 14 to 15 year old child, abused trust over an extended period, escalated from sexual touching to fellatio and anal intercourse, and offered money for sexual acts. Although the offender received a 25% discount for early guilty pleas and his subjective circumstances and delay were considered, the offending involved a separate victim and required some accumulation on the existing sentence under the totality principle. Extra-curial punishment and protective custody did not justify further mitigation on the evidence. An aggregate sentence of 9 years...

Court Disposition

The offender was convicted and sentenced to an aggregate term of 9 years imprisonment commencing on 10 April 2020, with eligibility for parole on 9 April 2029.

Orders

  • ['The offender is convicted and sentenced to 9 years imprisonment.' 'The sentence is to commence on 10 April 2020.' 'The offender will be eligible for parole on 9 April 2029.' 'This sentence adds 12 months to his current non-parole period.']