R v King [2017] NSWDC 297

R v King [2017] NSWDC 297

A custodial aggregate sentence was required because the offences involved grooming and indecent assaults by a teacher and Christian Brother against vulnerable students, constituted a gross breach of trust, caused foreseeable and significant harm to A, and required punishment, deterrence and community protection. Partial accumulation was necessary for the separate indecent assaults, but the sentence was moderated by historical sentencing principles and ranges, delay, the offender's age, first time in custody and likely protection conditions.

Jurisdiction
Australia
Judgment Date
06 July 2017
Procedural Posture
Criminal Sentence / Sentence Following Trial
Outcome
The offender is sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 18 months and a head sentence of 2½ years.
Legal Topics
['grooming' 'indecent Assault' 'child Sexual Offending' 'breach of Trust' 'vulnerable Victims' 'historical Sexual Offences' 'non Parole Period' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['grooming' 'indecent Assault' 'child Sexual Offending' 'breach of Trust' 'vulnerable Victims' 'historical Sexual Offences' 'non Parole Period' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence Following Trial

Legal Issues

  1. 1 ['What sentence should be imposed for offences involving grooming and indecent assaults against schoolboys committed by a teacher and Christian Brother.' 'How to assess objective seriousness, foreseeable harm, breach of trust, vulnerability of victims, delay, age, lack of remorse and risk of reoffending in sentencing.' 'Whether partial accumulation was required for the three indecent assault offences committed in one continuous course of conduct.']

Ratio Decidendi

A custodial aggregate sentence was required because the offences involved grooming and indecent assaults by a teacher and Christian Brother against vulnerable students, constituted a gross breach of trust, caused foreseeable and significant harm to A, and required punishment, deterrence and community protection. Partial accumulation was necessary for the separate indecent assaults, but the sentence was moderated by historical sentencing principles and ranges, delay, the offender's age, first time in custody and likely protection conditions.

Court Disposition

The offender is sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 18 months and a head sentence of 2½ years.

Orders

  • ["For count 1, indicative sentence of 18 months' imprisonment." "For count 2, indicative sentence of 18 months' imprisonment." "For count 3, indicative sentence of two years' imprisonment." "For count 8, indicative sentence of six months' imprisonment." 'Aggregate sentence of imprisonment consisting of a non-parole...