Regina v BR [2009] NSWDC 116

Regina v BR [2009] NSWDC 116

The offences were objectively grave because they involved repeated sexual abuse of very young children within the offender's family, in their home, in the presence of other children, with abuse of trust and authority, and in one count against the offender's biological son. After allowing for guilty pleas, limited remorse, psychological material, likely protective custody, Form 1 matters, accumulation, concurrence and totality, an overall sentence of 18 years with a non-parole period of 13 years was warranted.

Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
BR was sentenced to an overall term of imprisonment of 18 years commencing 18 December 2007 and expiring 17 December 2025, with a non-parole period of 13 years commencing 18 December 2007 and expiring 17 December 2020.
Legal Topics
['child Sexual Assault' 'sexual Intercourse With Child Under Ten' 'sexual Intercourse With Child Aged Between Ten and Fourteen' 'inciting Child to Commit Act of Indecency' 'form 1 Offences' 'objective Seriousness' 'guilty Plea Discount' 'protective Custody' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['child Sexual Assault' 'sexual Intercourse With Child Under Ten' 'sexual Intercourse With Child Aged Between Ten and Fourteen' 'inciting Child to Commit Act of Indecency' 'form 1 Offences' 'objective Seriousness' 'guilty Plea Discount' 'protective Custody' 'victim Impact Statements']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for multiple child sexual offences committed against children in the offender's family." "How to assess the objective seriousness of offences involving penile-vaginal intercourse, forced fellatio, offences in the home, offences in the presence of children, abuse of trust, and an offence against the offender's biological son." 'What allowance should be made for guilty pleas, limited remorse, protective custody, psychological evidence and prospects of treatment.' 'How the individual sentences should be structured for accumulation, concurrence and totality.']

Ratio Decidendi

The offences were objectively grave because they involved repeated sexual abuse of very young children within the offender's family, in their home, in the presence of other children, with abuse of trust and authority, and in one count against the offender's biological son. After allowing for guilty pleas, limited remorse, psychological material, likely protective custody, Form 1 matters, accumulation, concurrence and totality, an overall sentence of 18 years with a non-parole period of 13 years was warranted.

Court Disposition

BR was sentenced to an overall term of imprisonment of 18 years commencing 18 December 2007 and expiring 17 December 2025, with a non-parole period of 13 years commencing 18 December 2007 and expiring 17 December 2020.

Orders

  • ['For count 7, offence against s 66A of the Crimes Act, BR was sentenced to five years imprisonment from 18 December 2007 to 17 December 2012 with no non-parole period.' 'For count 8, offence against s 66A of the Crimes Act, BR was sentenced to five years imprisonment from 18 June 2008 to 17 June 2013 with no...