R v DRM [2019] NSWDC 495

R v DRM [2019] NSWDC 495

The repeated child sexual offending against three young victims, including grooming of RF over several years, substantial harm, vulnerability of the victims, abuse of trust and authority, the seriousness of particular offences, and the offender's denial, lack of remorse and lack of insight required full-time imprisonment. Applying s 53A of the Crimes (Sentencing Procedure) Act 1999 and the principles of totality and proportionality, the court imposed an aggregate sentence with some concurrency within groups of offending but accumulation to reflect separate courses of conduct, multiple victims and overall criminality.

Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Criminal Sentencing for Multiple Child Sexual Assault Offences / Sentence After Jury Verdicts of Guilty on 26 Counts
Outcome
Offender convicted and sentenced to an aggregate full-time custodial sentence of 10 years imprisonment with a non-parole period of 7 years and 6 months.
Legal Topics
['child Sexual Assault' 'indecent Assault' 'sexual Intercourse With Person Under 10 Years' 'incitement to Commit Act of Indecency' 'attempted Sexual Intercourse With Person Under 10 Years' 'aggregate Sentence' 'totality' 'aggravating and Mitigating Factors']
['criminal Law' 'sentencing'] ['child Sexual Assault' 'indecent Assault' 'sexual Intercourse With Person Under 10 Years' 'incitement to Commit Act of Indecency' 'attempted Sexual Intercourse With Person Under 10 Years' 'aggregate Sentence' 'totality' 'aggravating and Mitigating Factors']

Case Brief

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Procedural Posture

Criminal Sentencing for Multiple Child Sexual Assault Offences / Sentence After Jury Verdicts of Guilty on 26 Counts

Legal Issues

  1. 1 ['Assessment of the objective seriousness of each offence' 'Whether aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 were established' "Whether the offender's prior good character and lack of convictions could mitigate sentence having regard to s 21A(5A) of the Crimes (Sentencing Procedure) Act 1999" 'Effect of delay in complaint and prosecution on sentence' 'Whether an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 was appropriate' 'Application of totality and proportionality to multiple offences involving multiple victims' 'Whether full-time imprisonment was required under s 5 of the Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The repeated child sexual offending against three young victims, including grooming of RF over several years, substantial harm, vulnerability of the victims, abuse of trust and authority, the seriousness of particular offences, and the offender's denial, lack of remorse and lack of insight required full-time imprisonment. Applying s 53A of the Crimes (Sentencing Procedure) Act 1999 and the principles of totality and proportionality, the court imposed an aggregate sentence with some concurrency within groups of offending but accumulation to reflect separate courses of conduct, multiple victims and overall criminality.

Court Disposition

Offender convicted and sentenced to an aggregate full-time custodial sentence of 10 years imprisonment with a non-parole period of 7 years and 6 months.

Orders

  • ['The offender is convicted of Counts 1 to 24, 26 and 27 as specified in the orders.' 'The offender is sentenced to an aggregate sentence pursuant to s 53A of the CSPA.' 'The offender is sentenced to a non-parole period of 7 years and 6 months imprisonment to commence on 27 June 2019 and to terminate on 26 December...