R v JA [2019] NSWDC 314

R v JA [2019] NSWDC 314

Having assessed the sexual intercourse offence as below the mid-range, the carriage service offence as in the low range, and the possess child abuse material offence as below the mid-range, and having regard to the offender's subjective circumstances, lack of remorse, low risk of re-offending, late guilty pleas, special circumstances, proportionality and totality, the Court found that no sentence other than imprisonment was appropriate and imposed partially concurrent and partially cumulative terms producing an effective sentence of six years with an effective non-parole period of four years.

Jurisdiction
Australia
Judgment Date
01 February 2019
Procedural Posture
Criminal Sentencing / Sentence After One Conviction Following Jury Trial and Two Guilty Pleas
Outcome
Offender convicted and sentenced to an overall effective sentence of six years imprisonment commencing 25 July 2018 and expiring 24 July 2024, with an effective non-parole period of four years expiring 24 July 2022.
Legal Topics
['historical Child Sex Abuse' 'sexual Intercourse With a Child Under 10 Years' 'use Carriage Service to Menace, Harass or Offend' 'possess Child Abuse Material' 'objective Seriousness' 'guilty Plea Discount' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['historical Child Sex Abuse' 'sexual Intercourse With a Child Under 10 Years' 'use Carriage Service to Menace, Harass or Offend' 'possess Child Abuse Material' 'objective Seriousness' 'guilty Plea Discount' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence After One Conviction Following Jury Trial and Two Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for sexual intercourse with a child under 10 years, using a carriage service to menace, harass or offend, and possessing child abuse material.' 'How the objective seriousness of each offence should be assessed.' 'Whether imprisonment was warranted and how totality, concurrency and accumulation should be applied.' 'What discount should be allowed for the late guilty pleas to the carriage service and child abuse material offences.' 'Whether special circumstances justified departure from the statutory ratio between non-parole and parole periods.']

Ratio Decidendi

Having assessed the sexual intercourse offence as below the mid-range, the carriage service offence as in the low range, and the possess child abuse material offence as below the mid-range, and having regard to the offender's subjective circumstances, lack of remorse, low risk of re-offending, late guilty pleas, special circumstances, proportionality and totality, the Court found that no sentence other than imprisonment was appropriate and imposed partially concurrent and partially cumulative terms producing an effective sentence of six years with an effective non-parole period of four years.

Court Disposition

Offender convicted and sentenced to an overall effective sentence of six years imprisonment commencing 25 July 2018 and expiring 24 July 2024, with an effective non-parole period of four years expiring 24 July 2022.

Orders

  • ['For using a carriage service to menace, harass or offend, a fixed term of imprisonment of six months commencing 25 July 2018 and expiring 24 January 2019.' 'For possess child abuse material, a non-parole period of 12 months commencing 25 December 2018 and expiring 24 December 2019, with a head sentence of 18...