R v ME [2017] NSWDC 308

R v ME [2017] NSWDC 308

The offences were well into the upper range of objective seriousness because the offender groomed and sexually exploited his daughter over years while he was her natural father and sole custodian, abused a position of authority, breached trust in a gross form, paid her for sex, caused substantial and foreseeable harm, and only stopped after she became pregnant and underwent a termination. Although his guilty pleas, full admissions, remorse and prospects from treatment warranted a 25% reduction, the seriousness of the offending required an aggregate sentence of 18 years with a non-parole period of 13 and a half years.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 13 and a half years with a head sentence of 18 years.
Legal Topics
['child Sexual Assault' 'aggravated Sexual Intercourse With a Child' 'inciting an Aggravated Act of Indecency' 'form 1 Offences' 'breach of Trust' 'position of Authority' 'guilty Plea Discount' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['child Sexual Assault' 'aggravated Sexual Intercourse With a Child' 'inciting an Aggravated Act of Indecency' 'form 1 Offences' 'breach of Trust' 'position of Authority' 'guilty Plea Discount' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for multiple child sexual offences committed by the offender against his daughter while he was in a position of authority over her.' 'What weight should be given to the objective seriousness of the offending, including grooming, breach of trust, payment for sex, pregnancy and termination, and the harm to the victim.' "What allowance should be made for the offender's guilty pleas, admissions, remorse and psychological material." 'Whether an aggregate sentence should be imposed.']

Ratio Decidendi

The offences were well into the upper range of objective seriousness because the offender groomed and sexually exploited his daughter over years while he was her natural father and sole custodian, abused a position of authority, breached trust in a gross form, paid her for sex, caused substantial and foreseeable harm, and only stopped after she became pregnant and underwent a termination. Although his guilty pleas, full admissions, remorse and prospects from treatment warranted a 25% reduction, the seriousness of the offending required an aggregate sentence of 18 years with a non-parole period of 13 and a half years.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 13 and a half years with a head sentence of 18 years.

Orders

  • ['The offender is sentenced to an aggregate sentence consisting of a non-parole period of 13 and a half years with a head sentence of 18 years.' 'The non-parole period will expire on 19 April 2030, on which day the offender is eligible to be released to parole.' 'The sentence will date from 20 October 2016, the day...