R v Wade [2020] NSWDC 932

R v Wade [2020] NSWDC 932

The offender pleaded guilty to charges of failing without reasonable excuse to disclose, to authorities, material information of child sexual abuse offences between April and September 2014. In light of the relatively low objective seriousness (offenders having already been charged, little demonstrated material effect of non-disclosure, and offender's age and medical evidence), but balancing the need for denunciation and deterrence, the only appropriate penalty is imprisonment. However, given exceptional health circumstances and low risk of reoffending, the sentence is to be served by way of Intensive Corrections Order, not full-time custody.

Parties
Crown: Office of the Director of Public Prosecutions; Offender: William Wade
Jurisdiction
Australia
Judgment Date
30 September 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to 4 months imprisonment, to be served by way of Intensive Corrections Order pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, subject to standard conditions.
Legal Topics
Concealment of Serious Indictable Offence, Intensive Corrections Order, Objective Seriousness of Offence, Sentencing Principles, General Deterrence, Remorse
Criminal Law Concealment of Serious Indictable Offence Intensive Corrections Order Objective Seriousness of Offence Sentencing Principles General Deterrence Remorse

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Parties

Office of the Director of Public Prosecutions

Crown

William Wade

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for failing without reasonable excuse to bring material information to authorities regarding child sexual assault offences contrary to s 316(1) of the Crimes Act 1900?
  2. 2 What is the objective seriousness of the offender's conduct?
  3. 3 Should the offence be served as full-time imprisonment or by way of Intensive Corrections Order?

Ratio Decidendi

The offender pleaded guilty to charges of failing without reasonable excuse to disclose, to authorities, material information of child sexual abuse offences between April and September 2014. In light of the relatively low objective seriousness (offenders having already been charged, little demonstrated material effect of non-disclosure, and offender's age and medical evidence), but balancing the need for denunciation and deterrence, the only appropriate penalty is imprisonment. However, given exceptional health circumstances and low risk of reoffending, the sentence is to be served by way of Intensive Corrections Order, not full-time custody.

Court Disposition

Offender sentenced to 4 months imprisonment, to be served by way of Intensive Corrections Order pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, subject to standard conditions.

Orders

  • The offender is sentenced to a term of four months imprisonment commencing 30 September 2020 and ending 29 January 2021, to be served by way of an Intensive Corrections Order.
  • The Intensive Corrections Order is subject to the standard conditions: the offender must not commit any offence and must submit to supervision by a community corrections officer.