R v Barnes [2023] NSWDC 33

R v Barnes [2023] NSWDC 33

Given the nature, context, and seriousness of the offending against two vulnerable victims aged under 16 years, committed by the offender in a position of trust as a martial arts teacher, and considering both aggravating and mitigating circumstances, no penalty other than full-time imprisonment is appropriate for any count. Objective seriousness for each count was assessed, aggregate sentencing applied having regard to totality, and a non-parole period set reflecting prospects of rehabilitation and the offender's first experience with incarceration.

Parties
Crown: Regina; Offender: Christopher Barnes
Jurisdiction
Australia
Judgment Date
02 February 2023
Procedural Posture
Criminal / Sentence After Conviction by Jury
Outcome
Convicted on all five counts (excluding original Count 4 sexual intercourse; convicted instead on alternative statutory count). Sentenced to full-time imprisonment.
Legal Topics
Child Sexual Offences, Sentencing, Sexual Touching Offences, Intentionally Carry Out Sexual Act, Aggravating Circumstances
Criminal Law Child Sexual Offences Sentencing Sexual Touching Offences Intentionally Carry Out Sexual Act Aggravating Circumstances

Case Brief

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Parties

Regina

Crown

Christopher Barnes

Offender

Procedural Posture

Criminal / Sentence After Conviction by Jury

Legal Issues

  1. 1 What is the appropriate sentence for the offences of sexual touching and carrying out a sexual act towards children contrary to the Crimes Act 1900 (NSW)?
  2. 2 What is the assessment of objective and subjective seriousness of the offending?
  3. 3 Whether there are special circumstances warranting mitigation of sentence.

Ratio Decidendi

Given the nature, context, and seriousness of the offending against two vulnerable victims aged under 16 years, committed by the offender in a position of trust as a martial arts teacher, and considering both aggravating and mitigating circumstances, no penalty other than full-time imprisonment is appropriate for any count. Objective seriousness for each count was assessed, aggregate sentencing applied having regard to totality, and a non-parole period set reflecting prospects of rehabilitation and the offender's first experience with incarceration.

Court Disposition

Convicted on all five counts (excluding original Count 4 sexual intercourse; convicted instead on alternative statutory count). Sentenced to full-time imprisonment.

Orders

  • You are convicted.
  • You are sentenced to a term of imprisonment comprising a non-parole period of 3 years; and of a total term of 4 years and 3 months.