R v Cannon [2020] NSWDC 901

R v Cannon [2020] NSWDC 901

The offender was convicted after jury verdicts of multiple child sexual offences committed against a 13 or 14 year old victim in circumstances involving a trusted family relationship, repeated conduct over six occasions, escalation to attempted penile penetration, and serious harm to the victim and community. Although the offending was assessed below the mid-range of objective seriousness and the offender had no prior convictions, prior good character, supportive family, and some prospects of rehabilitation, he denied the offending, showed no remorse, and the purposes of punishment, denunciation, accountability, general deterrence and specific deterrence required full-time custody....

Jurisdiction
Australia
Judgment Date
23 November 2020
Procedural Posture
Criminal Sentence for Child Sexual Offences / Sentencing After Jury Verdicts of Guilty
Outcome
Offender convicted and sentenced to an aggregate sentence of imprisonment of 11 years with a non-parole period of 7 years.
Legal Topics
['child Sex Offences' 'attempted Sexual Intercourse With Child Above 10 and Under 16' 'act of Indecency' 'indecent Assault' 'standard Non Parole Periods' 'victim Impact Statement' 'onerous Bail Conditions' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['child Sex Offences' 'attempted Sexual Intercourse With Child Above 10 and Under 16' 'act of Indecency' 'indecent Assault' 'standard Non Parole Periods' 'victim Impact Statement' 'onerous Bail Conditions' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence for Child Sexual Offences / Sentencing After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for the offences of indecent assault and attempted sexual intercourse found by the jury.' 'How the standard non-parole periods and maximum penalties should inform sentence.' 'The objective seriousness of the offending and whether it fell below, at, or around the mid-range of objective seriousness.' "Whether and how the offender's bail conditions, prior good character, lack of convictions, family hardship, prospects of rehabilitation, denial of offending, and absence of remorse should affect sentence." 'Whether the victim impact material established substantial psychological harm or should otherwise be used to recognise harm caused.' 'How totality should be reflected in an aggregate sentence for multiple offences committed over six occasions.']

Ratio Decidendi

The offender was convicted after jury verdicts of multiple child sexual offences committed against a 13 or 14 year old victim in circumstances involving a trusted family relationship, repeated conduct over six occasions, escalation to attempted penile penetration, and serious harm to the victim and community. Although the offending was assessed below the mid-range of objective seriousness and the offender had no prior convictions, prior good character, supportive family, and some prospects of rehabilitation, he denied the offending, showed no remorse, and the purposes of punishment, denunciation, accountability, general deterrence and specific deterrence required full-time custody....

Court Disposition

Offender convicted and sentenced to an aggregate sentence of imprisonment of 11 years with a non-parole period of 7 years.

Orders

  • ['The offender is convicted of each of the offences of which he was found guilty.' 'Aggregate non-parole period of 7 years imposed, commencing on 10 May 2019.' 'A further period of imprisonment during which the offender will be eligible for parole of 4 years was imposed.' 'The offender was recommended for release at...