R v AS [2024] NSWDC 54

R v AS [2024] NSWDC 54

The offender's course of child sexual offending against his granddaughter involved serious breaches of trust and required denunciation, accountability, general deterrence and recognition of the harm done, but his age, medical and mental health conditions, very low or low to moderate assessed risk of sexual reoffending, absence of meaningful criminal history and first time in custody justified special circumstances. An aggregate full-time custodial sentence of 8 years with a non-parole period of 4 years was proportionate and humane.

Jurisdiction
Australia
Judgment Date
07 March 2024
Procedural Posture
Sentence / Sentence After Jury Verdict of Guilty on Counts 1 to 5 and Guilty Plea on Count 6
Outcome
The offender was convicted on counts 1 to 6 and sentenced to an aggregate term of imprisonment of 8 years with a non-parole period of 4 years.
Legal Topics
['child Sex Offences' 'aggravated Sexual Intercourse With a Child' 'sexual Touching of a Child' 'attempted Grooming of a Child' 'inciting a Child to Do a Sexual Act' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['child Sex Offences' 'aggravated Sexual Intercourse With a Child' 'sexual Touching of a Child' 'attempted Grooming of a Child' 'inciting a Child to Do a Sexual Act' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances']

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Procedural Posture

Sentence / Sentence After Jury Verdict of Guilty on Counts 1 to 5 and Guilty Plea on Count 6

Legal Issues

  1. 1 ['What sentence should be imposed for six child sex offences committed by the offender against his granddaughter.' 'How the objective seriousness of each offence should be assessed, including the breach of trust and location of offending.' "Whether the offender's age, health, low risk of reoffending and first time in custody justified special circumstances and a shorter non-parole period." "How to balance denunciation, accountability, general deterrence and recognition of harm against the offender's age and medical condition."]

Ratio Decidendi

The offender's course of child sexual offending against his granddaughter involved serious breaches of trust and required denunciation, accountability, general deterrence and recognition of the harm done, but his age, medical and mental health conditions, very low or low to moderate assessed risk of sexual reoffending, absence of meaningful criminal history and first time in custody justified special circumstances. An aggregate full-time custodial sentence of 8 years with a non-parole period of 4 years was proportionate and humane.

Court Disposition

The offender was convicted on counts 1 to 6 and sentenced to an aggregate term of imprisonment of 8 years with a non-parole period of 4 years.

Orders

  • ['The offender is convicted of counts 1 - 6 on the indictment.' "The offender is sentenced to an aggregate term of imprisonment with a non parole period of 4 years to date from 25 December 2023, and with a balance of term of 4 years, expiring on 24 December 2031. The offender's earliest eligible date for parole is...