R v Lamey [2024] NSWDC 490

R v Lamey [2024] NSWDC 490

The offender, convicted by a jury of multiple counts of child sexual offences against three victims, is to be sentenced to an aggregate term of imprisonment, considering the objective seriousness of each offence, the breach of trust involved, the significant delay and evidence of rehabilitation, application of totality and special circumstances, and in accordance with statutory sentencing purposes and recent case law. The aggregate sentence appropriately balances the gravity of the offending against progress towards rehabilitation and the mitigation arising from delay and custodial hardship.

Parties
Crown: NSW DPP; Offender: Benjamin Mark Lamey
Jurisdiction
Australia
Judgment Date
03 September 2024
Procedural Posture
Criminal / Sentence After Conviction by Jury
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 8 years 6 months with a non-parole period of 4 years 9 months. Special circumstances found.
Legal Topics
Child Sexual Offences, Sentencing, Maintain Unlawful Sexual Relationship With a Child, Sexual Intercourse With Child Under 10, Indecent Assault, Sexual Intercourse With Child Under 14, Aggregate Sentencing, Special Circumstances
Criminal Law Child Sexual Offences Sentencing Maintain Unlawful Sexual Relationship With a Child Sexual Intercourse With Child Under 10 Indecent Assault Sexual Intercourse With Child Under 14 Aggregate Sentencing +1 more

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Parties

NSW DPP

Crown

Benjamin Mark Lamey

Offender

Procedural Posture

Criminal / Sentence After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for multiple child sexual offences committed by adult against three child victims
  2. 2 Assessment of objective seriousness of specific counts including maintaining unlawful sexual relationship
  3. 3 Application of totality and special circumstances in sentencing

Ratio Decidendi

The offender, convicted by a jury of multiple counts of child sexual offences against three victims, is to be sentenced to an aggregate term of imprisonment, considering the objective seriousness of each offence, the breach of trust involved, the significant delay and evidence of rehabilitation, application of totality and special circumstances, and in accordance with statutory sentencing purposes and recent case law. The aggregate sentence appropriately balances the gravity of the offending against progress towards rehabilitation and the mitigation arising from delay and custodial hardship.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 8 years 6 months with a non-parole period of 4 years 9 months. Special circumstances found.

Orders

  • Convicted on counts 1, 4, 5, 6, 7, 8, 9, 13
  • Aggregate sentence: 8 years 6 months imprisonment from 13/3/24 to 12/9/32