R v SR [2023] NSWDC 431

R v SR [2023] NSWDC 431

A lengthy aggregate sentence of full-time imprisonment was required because the offender committed serious child sexual offences against six child victims, including his biological daughter and stepdaughters, over many years; several offences involved abuse of trust or authority, the offending warranted punishment, deterrence, denunciation and community protection, and the offender had no demonstrated remorse or insight and poor prospects of rehabilitation. Allowing for the 25% guilty plea discount, totality, some concurrency, and the need to avoid a crushing sentence, the appropriate aggregate sentence was 16 years with a non-parole period of 12 years.

Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of full-time imprisonment for 16 years with a non-parole period of 12 years.
Legal Topics
['child Sexual Offences' 'full Time Imprisonment' 'plea of Guilty' 'totality' 'victim Impact Statement' 'abuse of Position of Trust or Authority' 'standard Non Parole Period' 'form 1 Charges']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'full Time Imprisonment' 'plea of Guilty' 'totality' 'victim Impact Statement' 'abuse of Position of Trust or Authority' 'standard Non Parole Period' 'form 1 Charges']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for multiple child sexual offences committed against six victims over an extended period.' 'How the Form 1 charges should be taken into account in sentencing for the principal offences.' 'Whether the standard non-parole periods should be applied as guideposts in determining the sentence.' "Whether the offender's abuse of a position of trust or authority was an aggravating factor without double counting." "Whether the offender's lack of insight, lack of remorse, poor prospects of rehabilitation and risk of reoffending affected the sentence." 'Whether special circumstances justified varying the ratio between the non-parole period and the balance of the sentence.']

Ratio Decidendi

A lengthy aggregate sentence of full-time imprisonment was required because the offender committed serious child sexual offences against six child victims, including his biological daughter and stepdaughters, over many years; several offences involved abuse of trust or authority, the offending warranted punishment, deterrence, denunciation and community protection, and the offender had no demonstrated remorse or insight and poor prospects of rehabilitation. Allowing for the 25% guilty plea discount, totality, some concurrency, and the need to avoid a crushing sentence, the appropriate aggregate sentence was 16 years with a non-parole period of 12 years.

Court Disposition

The offender was convicted and sentenced to an aggregate term of full-time imprisonment for 16 years with a non-parole period of 12 years.

Orders

  • ['The offender is convicted of the offences in respect of which the offender pleaded guilty.' 'The offender is sentenced to full-time imprisonment for a period of 16 years, to commence on 29 September 2021 and expire on 28 September 2037.' 'A non-parole period of 12 years is set, to expire on 28 September 2033.'...