R v Parese [2024] NSWDC 65

R v Parese [2024] NSWDC 65

The offender's repeated and serious offending against four cognitively impaired and vulnerable adult victims, involving numerous sexual assaults with threats, violence, humiliation, exploitation, breaches of conditional liberty and limited prospects of rehabilitation, required a very substantial aggregate custodial sentence. Moderate reduction in moral culpability from childhood trauma and drug addiction, onerous custody and special circumstances did not displace the need for denunciation, deterrence, community protection, accumulation across victims and serious recognition of harm.

Jurisdiction
Australia
Judgment Date
14 March 2024
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdicts
Outcome
The offender was convicted on all 34 offences and sentenced to an aggregate term of 28 years imprisonment with a non-parole period of 18 1/2 years, commencing 5 May 2020. The sentence expires on 4 May 2048 and the offender is eligible for release to parole on 4 November 2038.
Legal Topics
['cognitive Impairment' 'sexual Offences' 'moral Culpability' 'breach of Conditional Liberty' 'aggravated Sexual Assault' 'aggravated Indecent Assault' 'aggravated Incite Sexual Touching' 'assault Occasioning Actual Bodily Harm' 'sexual Intercourse With a Person With a Cognitive Impairment' 'steal Property in a Dwelling House' 'use Offensive Weapon With Intent' 'demand Property With Menaces' 'common Assault' 'damage Property' 'high Risk Offenders']
['criminal Law' 'sentencing'] ['cognitive Impairment' 'sexual Offences' 'moral Culpability' 'breach of Conditional Liberty' 'aggravated Sexual Assault' 'aggravated Indecent Assault' 'aggravated Incite Sexual Touching' 'assault Occasioning Actual Bodily Harm' 'sexual Intercourse With a Person With a Cognitive Impairment' 'steal Property in a Dwelling House' 'use Offensive Weapon With Intent' 'demand Property With Menaces' 'common Assault' 'damage Property' 'high Risk Offenders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Jury Verdicts

Legal Issues

  1. 1 ['What facts should be found for sentence consistently with the jury verdicts and applicable standards of proof.' "The objective seriousness of each offence, including the victims' cognitive impairment, vulnerability, violence, threats, duration, humiliation and whether offending occurred in homes or in a domestic setting." "Whether the offender knew of the victims' cognitive limitations and lack of consent for relevant sexual offences." "The effect of the offender's traumatic background, mental health conditions and drug use on moral culpability and the onerousness of custody." "The effect of the offender's criminal history and breaches of parole or other conditional liberty on sentence." "The offender's risk of reoffending, prospects of rehabilitation and the need for personal deterrence, general deterrence, denunciation and community protection." 'How totality, concurrency, accumulation, special circumstances and the balance of parole should affect the aggregate sentence and non-parole period.']

Ratio Decidendi

The offender's repeated and serious offending against four cognitively impaired and vulnerable adult victims, involving numerous sexual assaults with threats, violence, humiliation, exploitation, breaches of conditional liberty and limited prospects of rehabilitation, required a very substantial aggregate custodial sentence. Moderate reduction in moral culpability from childhood trauma and drug addiction, onerous custody and special circumstances did not displace the need for denunciation, deterrence, community protection, accumulation across victims and serious recognition of harm.

Court Disposition

The offender was convicted on all 34 offences and sentenced to an aggregate term of 28 years imprisonment with a non-parole period of 18 1/2 years, commencing 5 May 2020. The sentence expires on 4 May 2048 and the offender is eligible for release to parole on 4 November 2038.

Orders

  • ['The offender is convicted on all offences.' 'The aggregate sentence imposed is 28 years imprisonment with a non-parole period of 18 1/2 years to date from 5 May 2020.' 'Sentence will expire on 4 May 2048 and the offender is eligible for release to parole on 4 November 2038.' 'Pursuant to s.25C of the Crimes (High...