R v Ware (a pseudonym) [2024] NSWDC 424

R v Ware (a pseudonym) [2024] NSWDC 424

Aggregate sentence of 8 years' imprisonment with a non-parole period of 5 years imposed for multiple child sexual offences, reflecting serious breach of trust, extended period of offending, significant victim impact, early plea of guilty, background of mental illness and abuse, delay in prosecution, and the offender's vulnerability and health. Special circumstances found due to negative impact of imprisonment on offender's mental health; longer supervision post-release deemed preferable.

Parties
Offender: Aaron Ware (a pseudonym); Prosecution: Director of Public Prosecutions (NSW) (Crown)
Jurisdiction
Australia
Judgment Date
19 July 2024
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to aggregate term of imprisonment of 8 years with 5 years non-parole period for multiple child sexual offences.
Legal Topics
Child Sexual Offences, Sentencing, Aggravating and Mitigating Factors, Delay in Prosecution, Breach of Trust
Criminal Law Child Sexual Offences Sentencing Aggravating and Mitigating Factors Delay in Prosecution Breach of Trust

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Parties

Aaron Ware (a pseudonym)

Offender

Director of Public Prosecutions (NSW) (Crown)

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple child sexual offences against stepchild over a period of years
  2. 2 Effect of mitigating factors including mental health and early plea of guilty
  3. 3 Treatment of delay in reporting offences as factor in sentencing

Ratio Decidendi

Aggregate sentence of 8 years' imprisonment with a non-parole period of 5 years imposed for multiple child sexual offences, reflecting serious breach of trust, extended period of offending, significant victim impact, early plea of guilty, background of mental illness and abuse, delay in prosecution, and the offender's vulnerability and health. Special circumstances found due to negative impact of imprisonment on offender's mental health; longer supervision post-release deemed preferable.

Court Disposition

Offender sentenced to aggregate term of imprisonment of 8 years with 5 years non-parole period for multiple child sexual offences.

Orders

  • Aggregate sentence of 8 years' imprisonment commencing 26 June 2023.
  • Non-parole period of 5 years expiring 25 June 2028; eligible for release to parole on that date.