R v AT [2020] NSWDC 954

R v AT [2020] NSWDC 954

The appropriate sentence for the offender, who committed multiple sexual offences against his biological daughters, is determined by an assessment of the objective seriousness of each offence, the ongoing and non-isolated nature of the offending, the serious breach of trust, the harm caused to the victims, the utilitarian value of early guilty pleas, and the offender's personal circumstances and prospects for rehabilitation. Partial accumulation is applied to reflect the overall criminality, and aggregate sentencing is used for offences relating to the same victim, resulting in an overall sentence of 12 years with an 8-year non-parole period.

Parties
Prosecution: Regina (The Crown); Offender: AT
Jurisdiction
Australia
Judgment Date
31 August 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted on all substantive offences; sentenced to total term of 12 years' imprisonment with an 8-year non-parole period.
Legal Topics
Child Sexual Offences, Indecent Assault, Aggravated Sexual Assault, Sentencing, Non Parole Period, Aggregate Sentence, Breach of Trust
Criminal Law Child Sexual Offences Indecent Assault Aggravated Sexual Assault Sentencing Non Parole Period Aggregate Sentence Breach of Trust

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Parties

Regina (The Crown)

Prosecution

AT

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple child sex offences committed by an offender against his biological daughters
  2. 2 Assessment of objective seriousness for offences under ss 66EA, 61M(2), and 61J(1) of the Crimes Act 1900 (NSW)
  3. 3 Consideration of factors in aggravation and mitigation for sexual offences against children

Ratio Decidendi

The appropriate sentence for the offender, who committed multiple sexual offences against his biological daughters, is determined by an assessment of the objective seriousness of each offence, the ongoing and non-isolated nature of the offending, the serious breach of trust, the harm caused to the victims, the utilitarian value of early guilty pleas, and the offender's personal circumstances and prospects for rehabilitation. Partial accumulation is applied to reflect the overall criminality, and aggregate sentencing is used for offences relating to the same victim, resulting in an overall sentence of 12 years with an 8-year non-parole period.

Court Disposition

Convicted on all substantive offences; sentenced to total term of 12 years' imprisonment with an 8-year non-parole period.

Orders

  • The offender is convicted on all substantive offences.
  • For the offences involving TL: aggregate sentence of 7 years (non-parole period 4 years 9 months) under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW).