R v Cattell [2019] NSWDC 504

R v Cattell [2019] NSWDC 504

Having regard to the seriousness of the offences, breach of trust, impact on the victims, substantial delay in prosecution, advanced age and rehabilitation of the offender, and prior sentences imposed for related conduct, an aggregate sentence of 30 months imprisonment with a non-parole period of 9 months is appropriate. The sentence reflects the totality principle and is reduced by 25% in recognition of the early guilty plea.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Sentence / Sentencing Decision Following Guilty Plea
Outcome
Aggregate sentence of imprisonment for 30 months, commencing 26 July 2019 and expiring 25 January 2022, with a non-parole period of 9 months. Eligible for parole on 25 April 2020.
Legal Topics
['child Sexual Offences' 'sentencing' 'delay in Prosecution' 'historical Offences']
['criminal Law'] ['child Sexual Offences' 'sentencing' 'delay in Prosecution' 'historical Offences']

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Procedural Posture

Sentence / Sentencing Decision Following Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for historical child sex offences' 'Impact of delay in prosecution on sentence' 'Application of totality principle in sentencing multiple offences' 'Discount for guilty plea' 'Subjective circumstances affecting sentence']

Ratio Decidendi

Having regard to the seriousness of the offences, breach of trust, impact on the victims, substantial delay in prosecution, advanced age and rehabilitation of the offender, and prior sentences imposed for related conduct, an aggregate sentence of 30 months imprisonment with a non-parole period of 9 months is appropriate. The sentence reflects the totality principle and is reduced by 25% in recognition of the early guilty plea.

Court Disposition

Aggregate sentence of imprisonment for 30 months, commencing 26 July 2019 and expiring 25 January 2022, with a non-parole period of 9 months. Eligible for parole on 25 April 2020.

Orders

  • ['Aggregate sentence of 30 months imprisonment imposed, commencing 26 July 2019 and expiring 25 January 2022.' 'Non-parole period is 9 months, expiring 25 April 2020.' 'Offender will be eligible for release to parole on 25 April 2020.' 'Report of Dr Webster to be placed on file of offender.']