R v Wingate [2022] NSWDC 184

R v Wingate [2022] NSWDC 184

Each offence was slightly below the middle of the range of seriousness: the offender exploited the naivety and trust of a 13-year-old victim and her mother by falsely representing medical knowledge, touched the victim's exposed breasts for five to ten minutes on three occasions in the family home, and caused psychological harm. Imprisonment was the only appropriate penalty. Although the offences were not treated as a typical monetary or impoverishment-based child sex tourism case and the offender's age, illness and COVID-19 custody conditions mitigated the sentence, there was no remorse, no favourable rehabilitation finding, and continuing risk. Some accumulation was required for three...

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Criminal Sentence for Three Offences Under S 50 Bc(1)(a) of the Crimes Act 1914 / Sentencing After Jury Verdicts of Guilty
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 4 years 2 months with a non-parole period of 2 years 9 months.
Legal Topics
['commit Act of Indecency While Outside Australia on a Person Under the Age of 16 Years' 'child Sexual Offences' 'commonwealth Sentencing' 'objective Seriousness' 'general and Personal Deterrence' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['commit Act of Indecency While Outside Australia on a Person Under the Age of 16 Years' 'child Sexual Offences' 'commonwealth Sentencing' 'objective Seriousness' 'general and Personal Deterrence' 'aggregate Sentence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Three Offences Under S 50 Bc(1)(a) of the Crimes Act 1914 / Sentencing After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for three offences of committing an act of indecency while outside Australia on a person under the age of 16 years.' "How the objective seriousness of each offence should be assessed, including the offender's representations of medical expertise, the victim's age, the setting in the family home and harm to the victim." 'Whether additional alleged examinations could be used as part of a course of conduct or only to show the charged offences were not isolated lapses.' 'What weight should be given to subjective matters including age, medical conditions, lack of remorse, rehabilitation prospects, risk of reoffending, delay and the impact of COVID-19 custody conditions.' 'Whether an aggregate sentence should be imposed and the appropriate degree of accumulation, non-parole period and commencement date.']

Ratio Decidendi

Each offence was slightly below the middle of the range of seriousness: the offender exploited the naivety and trust of a 13-year-old victim and her mother by falsely representing medical knowledge, touched the victim's exposed breasts for five to ten minutes on three occasions in the family home, and caused psychological harm. Imprisonment was the only appropriate penalty. Although the offences were not treated as a typical monetary or impoverishment-based child sex tourism case and the offender's age, illness and COVID-19 custody conditions mitigated the sentence, there was no remorse, no favourable rehabilitation finding, and continuing risk. Some accumulation was required for three...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 4 years 2 months with a non-parole period of 2 years 9 months.

Orders

  • ['The offender is sentenced to an aggregate term of imprisonment of 4 years 2 months.' 'The non-parole period is 2 years 9 months.' 'The indicative sentence for each of the three counts is 3 years 2 months.' 'The sentence dates from 16 December 2020.' 'The head sentence will expire on 15 February 2025.' 'The...