R v DLW (No. 5) [2020] NSWDC 754

R v DLW (No. 5) [2020] NSWDC 754

The offending involved three consecutive coercive sexual acts against a 7-year-old child, with force used to isolate and control the victim and a death threat associated with the third offence. The first and second offences were above mid-range and close to high-range objective seriousness, while the third approached the upper end. The offender's psychological and subjective material did not substantially reduce culpability or the need for general and specific deterrence, and there was no remorse or demonstrated good rehabilitation prospects. Imprisonment was required, with partial accumulation to reflect separate harm but substantial concurrency to satisfy totality, resulting in an...

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal Sentence / Sentence After Conviction on Three Counts Following Judge Alone Trial
Outcome
The offender was sentenced to imprisonment and a final apprehended violence order was made.
Legal Topics
['child Sexual Assault' 'aggravated Sexual Intercourse With Child Under 10' 'objective Seriousness' 'victim Impact' 'mental Health and Sentencing' 'remorse' 'rehabilitation' 'totality Principle' 'standard Non Parole Period' 'final Apprehended Violence Order']
['criminal Law' 'sentencing'] ['child Sexual Assault' 'aggravated Sexual Intercourse With Child Under 10' 'objective Seriousness' 'victim Impact' 'mental Health and Sentencing' 'remorse' 'rehabilitation' 'totality Principle' 'standard Non Parole Period' 'final Apprehended Violence Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Conviction on Three Counts Following Judge Alone Trial

Legal Issues

  1. 1 ['What sentence should be imposed for three counts of aggravated sexual intercourse with a child under 10 years contrary to s 66A(1) of the Crimes Act 1900 (NSW).' 'How the objective gravity of each offence should be assessed, including force, coercion, threats, age disparity, absence of breach of trust, absence of planning and absence of physical injury.' 'What weight should be given to the victim impact evidence and the known psychological harm caused by child sexual abuse.' "What mitigating weight, if any, should be given to the offender's psychological condition, background, lack of remorse, prospects of rehabilitation and asserted custodial hardship." 'How the totality principle should apply to three consecutive sexual offences forming one episode.' 'Whether a final apprehended violence order should be made.']

Ratio Decidendi

The offending involved three consecutive coercive sexual acts against a 7-year-old child, with force used to isolate and control the victim and a death threat associated with the third offence. The first and second offences were above mid-range and close to high-range objective seriousness, while the third approached the upper end. The offender's psychological and subjective material did not substantially reduce culpability or the need for general and specific deterrence, and there was no remorse or demonstrated good rehabilitation prospects. Imprisonment was required, with partial accumulation to reflect separate harm but substantial concurrency to satisfy totality, resulting in an...

Court Disposition

The offender was sentenced to imprisonment and a final apprehended violence order was made.

Orders

  • ['The offender is sentenced to a term of imprisonment for 16 years, commencing on 27 June 2017 and expiring on 26 June 2033.' 'The non-parole period is 12 years, expiring on 26 June 2029, after which the offender will be eligible for release on parole.' "Indicative sentence for Count 1: 10 years' imprisonment with a...