R v Irwin [2020] NSWDC 199

R v Irwin [2020] NSWDC 199

The offending required imprisonment for each offence. The Court assessed the reporting-breach residence offence as slightly above mid-range, the reporting-breach child contact offence as towards but not at the bottom of the range, the take and detain offence as above mid-range and into the upper range, and the sexual touching offence as mid-range. Although the offender had low to average intelligence and general deterrence was somewhat reduced, specific deterrence, protection of the community and rehabilitation were fully engaged. His prior child pornography offending, lack of insight, lack of effective treatment evidence, no direct remorse, and extremely guarded rehabilitation prospects...

Jurisdiction
Australia
Judgment Date
14 April 2020
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Aggregate term of imprisonment of 10 years with a non-parole period of 7 years 6 months.
Legal Topics
['failing to Comply With Child Protection Reporting Obligations' 'take and Detain With Intent to Commit Serious Indictable Offence' 'intentionally Sexually Touching a Child Under 10 Years of Age' 'objective Seriousness' 'guilty Plea Discount' 'special Circumstances' 'protection of the Community' 'deterrence' 'rehabilitation']
['criminal Law' 'sentencing'] ['failing to Comply With Child Protection Reporting Obligations' 'take and Detain With Intent to Commit Serious Indictable Offence' 'intentionally Sexually Touching a Child Under 10 Years of Age' 'objective Seriousness' 'guilty Plea Discount' 'special Circumstances' 'protection of the Community' 'deterrence' 'rehabilitation']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of failing to comply with reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW), s17(1).' 'What sentence should be imposed for take and detain with intent to commit a serious indictable offence contrary to Crimes Act 1900 (NSW), s 86(1)(a1).' 'What sentence should be imposed for intentionally sexually touching a child under 10 years of age contrary to Crimes Act 1900 (NSW), s 66DA.' "Whether alleged extra-curial punishment and damage to the offender's motor vehicle should mitigate sentence." 'Whether special circumstances should be found to vary the ratio of the head sentence to the non-parole period.' 'Whether an aggregate sentence should be imposed and what indicative sentences should underpin it.']

Ratio Decidendi

The offending required imprisonment for each offence. The Court assessed the reporting-breach residence offence as slightly above mid-range, the reporting-breach child contact offence as towards but not at the bottom of the range, the take and detain offence as above mid-range and into the upper range, and the sexual touching offence as mid-range. Although the offender had low to average intelligence and general deterrence was somewhat reduced, specific deterrence, protection of the community and rehabilitation were fully engaged. His prior child pornography offending, lack of insight, lack of effective treatment evidence, no direct remorse, and extremely guarded rehabilitation prospects...

Court Disposition

Aggregate term of imprisonment of 10 years with a non-parole period of 7 years 6 months.

Orders

  • ['For the two offences of failing to report, the offence of take and detain with intent to commit serious indictable offence, and the offence of intentionally sexually touching a child under 10, Christopher Irwin is sentenced to an aggregate term of imprisonment of 10 years.' 'A non-parole period of 7 years and 6...