R v Simons (a pseudonym) [2025] NSWDC 4

R v Simons (a pseudonym) [2025] NSWDC 4

A sentence of six years imprisonment with a non-parole period of three years is imposed for the offence of sexual intercourse with a child under 10, reducing for utilitarian value of the plea of guilty, and taking into account mitigating factors such as remorse, rehabilitation efforts, mental illness, prior good character, and absence of aggravating features such as repeated or prolonged offending. The objective seriousness, breach of trust, and gravity of the offence require a significant custodial penalty.

Parties
Offender: Margorie Simons (a pseudonym); Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
25 October 2024
Procedural Posture
Criminal / Sentence
Outcome
Sentence of imprisonment of 6 years with a non-parole period of 3 years.
Legal Topics
Child Sex Offences, Sentencing, Mitigating Factors, Imprisonment, Breach of Trust, Mental Illness, Alcohol Addiction
Criminal Law Child Sex Offences Sentencing Mitigating Factors Imprisonment Breach of Trust Mental Illness Alcohol Addiction

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Parties

Margorie Simons (a pseudonym)

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse with a child under 10 by parent
  2. 2 Consideration of mitigating and aggravating circumstances on sentence
  3. 3 Impact of mental illness and alcohol use on sentencing discretion

Ratio Decidendi

A sentence of six years imprisonment with a non-parole period of three years is imposed for the offence of sexual intercourse with a child under 10, reducing for utilitarian value of the plea of guilty, and taking into account mitigating factors such as remorse, rehabilitation efforts, mental illness, prior good character, and absence of aggravating features such as repeated or prolonged offending. The objective seriousness, breach of trust, and gravity of the offence require a significant custodial penalty.

Court Disposition

Sentence of imprisonment of 6 years with a non-parole period of 3 years.

Orders

  • Offender is sentenced to 6 years imprisonment.
  • Non-parole period of 3 years commencing 23 October 2024.