R v DM [2018] NSWDC 62

R v DM [2018] NSWDC 62

Given the gravity, duration, and circumstances of the persistent sexual abuse committed by the offender against his daughter, the objective seriousness was assessed in the mid-range for s 66EA(1) Crimes Act 1900. A fixed term was imposed for the subsidiary offence of producing child abuse material, with sentences to be served concurrently, reflecting totality, proportionality, and the utilitarian discount. Aggravating and mitigating factors were considered, including the victim’s vulnerability, breach of trust, and evidence of remorse.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Sentence / Sentence Hearing
Outcome
Full-time custodial sentence; conviction on all counts.
Legal Topics
['child Sexual Abuse' 'production of Child Abuse Material' 'sentencing' 'persistent Sexual Abuse of a Child']
['criminal Law'] ['child Sexual Abuse' 'production of Child Abuse Material' 'sentencing' 'persistent Sexual Abuse of a Child']

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Procedural Posture

Sentence / Sentence Hearing

Legal Issues

  1. 1 ['Appropriate sentence for persistent child sexual abuse under s 66EA(1) Crimes Act 1900' 'Appropriate sentence for production of child abuse material under s 91H(2) Crimes Act 1900' 'Application of sentencing principles and considerations under Crimes (Sentencing Procedure) Act 1999 including aggravating and mitigating factors, totality, and utilitarian discount']

Ratio Decidendi

Given the gravity, duration, and circumstances of the persistent sexual abuse committed by the offender against his daughter, the objective seriousness was assessed in the mid-range for s 66EA(1) Crimes Act 1900. A fixed term was imposed for the subsidiary offence of producing child abuse material, with sentences to be served concurrently, reflecting totality, proportionality, and the utilitarian discount. Aggravating and mitigating factors were considered, including the victim’s vulnerability, breach of trust, and evidence of remorse.

Court Disposition

Full-time custodial sentence; conviction on all counts.

Orders

  • ['Convicted of produce child abuse material under s 91H(2) Crimes Act 1900; sentenced to 18 months imprisonment from 27 April 2017 to 26 October 2018.' 'Convicted of persistent sexual abuse of a child under s 66EA(1) Crimes Act 1900; sentenced to 10 years and 6 months imprisonment, with non-parole period of 7 years,...