R v Noronha [2024] NSWDC 296

R v Noronha [2024] NSWDC 296

The offender committed serious child sexual offences over many years against five young children while in a trusted babysitting role. Although his age, ill health, lack of prior convictions, disadvantaged background, reduced moral culpability, early guilty pleas, voluntary admissions and special circumstances reduced the sentence, the offences involved deliberate non-transient touching, multiple victims, breach of trust and the presumed harm of premature sexual exposure to children. A custodial aggregate sentence was required, with Form 1 matters increasing relevant sentences and totality requiring an aggregate sentence rather than simple accumulation.

Jurisdiction
Australia
Judgment Date
30 April 2024
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas; Form 1 Offences Taken Into Account
Outcome
Aggregate sentence of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months.
Legal Topics
['child Sex Offences' 'indecent Assault of a Child Under 16 Years' 'intentionally Sexually Touch a Child 10 16 Years' 'intentionally Sexually Touch a Child Under 10 Years' 'breach of Trust' 'multiple Victims' 'form 1 Offences' 'aggregate Sentence' 'objective Seriousness' 'early Plea of Guilty' 'special Circumstances']
['criminal Law' 'sentencing'] ['child Sex Offences' 'indecent Assault of a Child Under 16 Years' 'intentionally Sexually Touch a Child 10 16 Years' 'intentionally Sexually Touch a Child Under 10 Years' 'breach of Trust' 'multiple Victims' 'form 1 Offences' 'aggregate Sentence' 'objective Seriousness' 'early Plea of Guilty' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas; Form 1 Offences Taken Into Account

Legal Issues

  1. 1 ['What sentences should be imposed for five child sexual touching or indecent assault offences involving five child complainants.' 'How matters on Form 1 should be taken into account without double-counting or treating them as offences for sentence.' "What weight should be given to the offender's early guilty pleas, voluntary admissions, lack of prior convictions, ill health, age, disadvantaged background and assessed low risk of reoffending." 'How to structure an aggregate sentence that reflects totality, proportionality, punishment, denunciation, deterrence and special circumstances.']

Ratio Decidendi

The offender committed serious child sexual offences over many years against five young children while in a trusted babysitting role. Although his age, ill health, lack of prior convictions, disadvantaged background, reduced moral culpability, early guilty pleas, voluntary admissions and special circumstances reduced the sentence, the offences involved deliberate non-transient touching, multiple victims, breach of trust and the presumed harm of premature sexual exposure to children. A custodial aggregate sentence was required, with Form 1 matters increasing relevant sentences and totality requiring an aggregate sentence rather than simple accumulation.

Court Disposition

Aggregate sentence of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months.

Orders

  • ['Convictions entered in relation to each matter.' 'For Guinevere, Sequence 5, taking into account two matters on the Form 1: sentence of 3 years with a non-parole period of 1 year 10 months.' 'For Audrey, Sequence 9: indicated sentence of 2 years.' 'For Emma, Sequence 13, taking into account the matter on the Form...