R v Steel [2020] NSWDC 950

R v Steel [2020] NSWDC 950

Given the objective seriousness of the child sexual offences, breach of trust, causing ongoing harm, and need for general deterrence, full-time custody is the only appropriate penalty. However, significant delay since offending, complete rehabilitation and low risk of reoffending justify mitigation of the duration of imprisonment. Sentences reflect current sentencing practices, with statutory and utilitarian discounts applied to pleas of guilty. Aggregate sentences imposed represent total criminality, applying the principle of totality.

Parties
Prosecutor: Regina (The Queen); Offender: Jeffrey Steven Steel
Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Criminal / Sentence After Guilty Plea
Outcome
The offender is convicted of all offences and sentenced to two partially accumulated aggregate terms comprising an overall sentence of 6 years' imprisonment with a non-parole period of 4 years.
Legal Topics
Child Sexual Offences, Historical Offences, Indecent Assault, Sexual Intercourse Without Consent, Sentencing, Mitigating Factors, Aggregate Sentences
Criminal Law Child Sexual Offences Historical Offences Indecent Assault Sexual Intercourse Without Consent Sentencing Mitigating Factors Aggregate Sentences

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Parties

Regina (The Queen)

Prosecutor

Jeffrey Steven Steel

Offender

Procedural Posture

Criminal / Sentence After Guilty Plea

Legal Issues

  1. 1 Assessment of objective seriousness for historical child sexual offences
  2. 2 Appropriate sentence given delay and rehabilitation
  3. 3 Application of current sentencing practices to historical offences

Ratio Decidendi

Given the objective seriousness of the child sexual offences, breach of trust, causing ongoing harm, and need for general deterrence, full-time custody is the only appropriate penalty. However, significant delay since offending, complete rehabilitation and low risk of reoffending justify mitigation of the duration of imprisonment. Sentences reflect current sentencing practices, with statutory and utilitarian discounts applied to pleas of guilty. Aggregate sentences imposed represent total criminality, applying the principle of totality.

Court Disposition

The offender is convicted of all offences and sentenced to two partially accumulated aggregate terms comprising an overall sentence of 6 years' imprisonment with a non-parole period of 4 years.

Orders

  • Offender convicted of all offences.
  • Aggregate sentence for offences involving victim IC: 5 years' imprisonment commencing 14 August 2020, non-parole period of 3 years.