R v David FORD [2018] NSWDC 183

R v David FORD [2018] NSWDC 183

The offender's repeated sexual offending against five children over about 12 years involved grooming, exploitation of trust, and serious harm, requiring full-time custody and significant general deterrence. However, the late guilty pleas had some utilitarian and public-acknowledgment value, the offender had no prior convictions, had not reoffended for about 20 years, had good prospects of rehabilitation, and his age and extensive medical conditions would make custody more onerous. Applying historical sentencing patterns, concurrency, partial accumulation, totality and special circumstances, the court imposed an overall non-parole period of 5 years with parole thereafter of 3 years, giving...

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Criminal Sentence / Sentence Following Late Pleas of Guilty to 18 Counts on Two Indictments
Outcome
The offender was sentenced to an overall non-parole period of 5 years with parole thereafter of 3 years, giving an overall term of 8 years imprisonment. The s 166 certificate assault backup charge was dismissed.
Legal Topics
['historical Child Sexual Assault' 'indecent Assault' 'aggravated Indecent Assault' 'attempted Sexual Intercourse Without Consent' 'sexual Intercourse With a Child Between Ten and 16' 'guilty Plea Discount' 'objective Seriousness' 'general Deterrence' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['historical Child Sexual Assault' 'indecent Assault' 'aggravated Indecent Assault' 'attempted Sexual Intercourse Without Consent' 'sexual Intercourse With a Child Between Ten and 16' 'guilty Plea Discount' 'objective Seriousness' 'general Deterrence' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Late Pleas of Guilty to 18 Counts on Two Indictments

Legal Issues

  1. 1 ['What sentences should be imposed for 18 historical child sexual assault offences committed against five complainants aged between 11 and 15.' 'What utilitarian discount, if any, should be allowed for late pleas of guilty entered during or after the commencement of trials.' 'Whether the offender could rely on prior good character or absence of prior convictions as mitigating factors.' "How the offender's age, medical conditions, likely protection status in custody and strict bail conditions should affect sentence." 'How concurrency, accumulation, totality and special circumstances should be applied to produce an overall sentence.']

Ratio Decidendi

The offender's repeated sexual offending against five children over about 12 years involved grooming, exploitation of trust, and serious harm, requiring full-time custody and significant general deterrence. However, the late guilty pleas had some utilitarian and public-acknowledgment value, the offender had no prior convictions, had not reoffended for about 20 years, had good prospects of rehabilitation, and his age and extensive medical conditions would make custody more onerous. Applying historical sentencing patterns, concurrency, partial accumulation, totality and special circumstances, the court imposed an overall non-parole period of 5 years with parole thereafter of 3 years, giving...

Court Disposition

The offender was sentenced to an overall non-parole period of 5 years with parole thereafter of 3 years, giving an overall term of 8 years imprisonment. The s 166 certificate assault backup charge was dismissed.

Orders

  • ['For counts 4 and 6 in the indictment dated 7 March 2018, fixed terms of 2 years commencing 2 March 2018 and expiring 1 March 2020.' 'For count 1 in the indictment dated 28 February 2018, fixed term of imprisonment of 6 months commencing 2 December 2019 and expiring 1 June 2020.' 'For counts 2 and 3 in the...