R v P [2017] NSWDC 84

R v P [2017] NSWDC 84

Full-time custody was required because the offender committed serious child sexual offences after grooming and exploiting a vulnerable 12 year old, encouraging her to leave home at night and supplying her with alcohol. Although the offences involved relatively short digital penetration and there were mitigating factors including a late guilty plea with utilitarian value, belated remorse, good prospects of rehabilitation and special circumstances, the objective gravity of the offending and the need for general deterrence required an aggregate sentence of imprisonment with a non-parole period of 2.5 years and a head sentence of 4 years.

Jurisdiction
Australia
Judgment Date
10 February 2017
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2½ years with a head sentence of 4 years.
Legal Topics
['child Sexual Offences' 'indecent Assault' 'sexual Intercourse With a Child Between the Ages of 10 and 14 Years' 'forms 1' 'general Deterrence' 'guilty Plea' 'remorse' 'rehabilitation' 'special Circumstances']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'indecent Assault' 'sexual Intercourse With a Child Between the Ages of 10 and 14 Years' 'forms 1' 'general Deterrence' 'guilty Plea' 'remorse' 'rehabilitation' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two serious sexual offences against a 12 year old child, taking into account further offences on Forms 1.' "How the objective gravity of the offending should be assessed, including grooming, exploitation, supply of alcohol, the complainant's vulnerability and the harm caused." "What mitigating factors should be allowed for the offender's late guilty plea, belated remorse, prospects of rehabilitation, first time in custody and need for parole supervision."]

Ratio Decidendi

Full-time custody was required because the offender committed serious child sexual offences after grooming and exploiting a vulnerable 12 year old, encouraging her to leave home at night and supplying her with alcohol. Although the offences involved relatively short digital penetration and there were mitigating factors including a late guilty plea with utilitarian value, belated remorse, good prospects of rehabilitation and special circumstances, the objective gravity of the offending and the need for general deterrence required an aggregate sentence of imprisonment with a non-parole period of 2.5 years and a head sentence of 4 years.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2½ years with a head sentence of 4 years.

Orders

  • ['The offender is sentenced to an aggregate sentence consisting of a non-parole period of two and a half years with a head sentence of four years.' 'The sentence will date from 10 February 2017.' 'The non-parole period will expire on 9 August 2019, on which day the offender is eligible to be released to parole.']