R v YY No. 3 [2016] NSWDC 364

R v YY No. 3 [2016] NSWDC 364

The repeated offences against the offender's young granddaughter involved escalating sexualised conduct, serious breaches of trust and real harm, requiring custodial punishment, deterrence, retribution and vindication of the victim. Although most offences were assessed below the objective mid-range and the offender had significant mitigating factors including age, ill health, first offender status, good character, support and low assessed risk, those matters could not outweigh the gravity of the offending. Totality, concurrence, variation from standard non-parole periods and special circumstances justified an aggregate sentence of 8 years imprisonment with a non-parole period of 5 years.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Criminal Sentence / Sentencing After Judge Alone Trial and Findings of Guilt on 12 Counts
Outcome
Aggregate sentence of imprisonment of 8 years with a non-parole period of 5 years and a parole period of 3 years.
Legal Topics
['child Sexual Offences' 'indecent Assault' 'act of Indecency' 'sexual Intercourse With Child Under Authority' 'standard Non Parole Period' 'totality' 'special Circumstances' 'victim Impact']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'indecent Assault' 'act of Indecency' 'sexual Intercourse With Child Under Authority' 'standard Non Parole Period' 'totality' 'special Circumstances' 'victim Impact']

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Procedural Posture

Criminal Sentence / Sentencing After Judge Alone Trial and Findings of Guilt on 12 Counts

Legal Issues

  1. 1 ['What sentences should be imposed for the 12 child sexual offences of which YY was found guilty.' 'Whether and how the standard non-parole periods should be varied having regard to objective seriousness, subjective factors, totality and special circumstances.' 'How the sentences should be structured having regard to accumulation, concurrence and totality.' "What weight should be given to YY's age, ill health, prior good character, first offender status and assessed risk of reoffending."]

Ratio Decidendi

The repeated offences against the offender's young granddaughter involved escalating sexualised conduct, serious breaches of trust and real harm, requiring custodial punishment, deterrence, retribution and vindication of the victim. Although most offences were assessed below the objective mid-range and the offender had significant mitigating factors including age, ill health, first offender status, good character, support and low assessed risk, those matters could not outweigh the gravity of the offending. Totality, concurrence, variation from standard non-parole periods and special circumstances justified an aggregate sentence of 8 years imprisonment with a non-parole period of 5 years.

Court Disposition

Aggregate sentence of imprisonment of 8 years with a non-parole period of 5 years and a parole period of 3 years.

Orders

  • ['There will be a non-parole period of 5 years commencing 23 November 2015 and expiring 22 November 2020.' 'The balance of the sentence of 3 years is to commence upon the expiration of the non-parole period on 23 November 2020 and expire on 22 November 2023.' 'YY will be eligible for consideration for release to...