R v Brougham [2024] NSWDC 329

R v Brougham [2024] NSWDC 329

The offender was sentenced for two substantive child sexual offences and additional Form 1 matters, with seriousness in the middle range; personal and psychological factors were considered but weighed against risk of reoffending and prior convictions; guilty plea discount applied; accumulation structured to yield a total imprisonment term of 5 years (3 years non-parole).

Parties
Crown: Rex; Offender: Aaron Brougham
Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Sentence / Judgment and Orders on Sentence
Outcome
Conviction and custodial sentence imposed.
Legal Topics
Child Sexual Offences, Sentencing, Early Appropriate Guilty Plea Scheme
Criminal Law Child Sexual Offences Sentencing Early Appropriate Guilty Plea Scheme

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Parties

Rex

Crown

Aaron Brougham

Offender

Procedural Posture

Sentence / Judgment and Orders on Sentence

Legal Issues

  1. 1 Appropriate sentence for child sexual offences under ss 66C(1), 66DB(a) Crimes Act 1900 (NSW)
  2. 2 Utilitarian discount for plea of guilty and operation of Early Appropriate Guilty Plea Scheme
  3. 3 Assessment of objective and subjective seriousness for sexual offences against children

Ratio Decidendi

The offender was sentenced for two substantive child sexual offences and additional Form 1 matters, with seriousness in the middle range; personal and psychological factors were considered but weighed against risk of reoffending and prior convictions; guilty plea discount applied; accumulation structured to yield a total imprisonment term of 5 years (3 years non-parole).

Court Disposition

Conviction and custodial sentence imposed.

Orders

  • For sequences 2 and 4 the offender is convicted.
  • For sequence 2, sentenced to fixed term of 18 months imprisonment commencing 26 January 2023 and expiring 25 July 2024; no non-parole period as part of an overall regime; sequence 4 taken into account as Form 1.