R v DH [2018] NSWDC 64

R v DH [2018] NSWDC 64

The offender's multiple sexual offences against a vulnerable child, committed in a home setting while he was in a position of trust and over an extended period, were sufficiently serious that no alternative to imprisonment was available. Although the offender received a 10% discount for late guilty pleas and credit for remorse and some subjective matters, the seriousness of the offending, the Form 1 matters, and the need for punishment, denunciation, deterrence and protection of the community required an aggregate full-time custodial sentence of 12 years with a non-parole period of 9 years. The court declined to find special circumstances because the ordinary ratio would provide adequate...

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Criminal Sentence / Remarks on Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate full-time custodial sentence of 12 years imprisonment with a non-parole period of 9 years.
Legal Topics
['child Sexual Assault' 'aggravated Indecent Assault' 'aggravated Sexual Intercourse Without Consent' 'sexual Intercourse Without Consent' 'aggregate Sentence' 'standard Non Parole Period' 'form 1 Offences' 'totality Principle']
['criminal Law' 'sentencing'] ['child Sexual Assault' 'aggravated Indecent Assault' 'aggravated Sexual Intercourse Without Consent' 'sexual Intercourse Without Consent' 'aggregate Sentence' 'standard Non Parole Period' 'form 1 Offences' 'totality Principle']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for multiple child sexual assault offences committed against the complainant over several years.' "The objective seriousness of each offence and the effect of aggravating factors including the complainant's age, vulnerability, the home setting and the offender's position of trust." "The weight to be given to the offender's guilty pleas, remorse, subjective circumstances, psychological issues and prior custody." 'Whether special circumstances should be found under s 44 of the Crimes (Sentencing Procedure) Act 1999.' 'How the Form 1 offences should be taken into account in sentencing.']

Ratio Decidendi

The offender's multiple sexual offences against a vulnerable child, committed in a home setting while he was in a position of trust and over an extended period, were sufficiently serious that no alternative to imprisonment was available. Although the offender received a 10% discount for late guilty pleas and credit for remorse and some subjective matters, the seriousness of the offending, the Form 1 matters, and the need for punishment, denunciation, deterrence and protection of the community required an aggregate full-time custodial sentence of 12 years with a non-parole period of 9 years. The court declined to find special circumstances because the ordinary ratio would provide adequate...

Court Disposition

The offender was convicted and sentenced to an aggregate full-time custodial sentence of 12 years imprisonment with a non-parole period of 9 years.

Orders

  • ['The offender is convicted of Count 1 – aggravated indecent assault of a person under the age of 16 years pursuant to s 61M(2) of the Crimes Act 1900.' 'The offender is convicted of Count 4 - aggravated sexual intercourse without consent on a person under the age of 16 years pursuant to s 61J(1) of Crimes Act...