R v JDS (No. 2) [2022] NSWDC 103

R v JDS (No. 2) [2022] NSWDC 103

The objective seriousness of the five offences, the young ages of the victims, the background threat of violence, the commission of the offences in the victims' home, substantial harm, conditional liberty, and breach of trust for Count 5 required a full-time custodial aggregate sentence. Although the offender's youth at the time of offending, age at sentence, reduced specific deterrence and onerous custodial conditions were taken into account, his continued denial, criminal antecedents and guarded rehabilitation prospects limited mitigation. Totality required concurrency for offences committed on the same occasions and accumulation for separate victims and occasions, producing an...

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Criminal Sentence for Historical Child Sexual Offences / Sentence Following Judge Alone Trial and Guilty Verdicts on Counts 1 to 5
Outcome
Offender convicted and sentenced to a full-time aggregate custodial sentence of 6 years and 6 months, with a non-parole period of 4 years and 3 months.
Legal Topics
['historical Child Sexual Offences' 'aggregate Sentence' 'objective Seriousness' 'aggravating Factors' 'special Circumstances' 'non Parole Period' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['historical Child Sexual Offences' 'aggregate Sentence' 'objective Seriousness' 'aggravating Factors' 'special Circumstances' 'non Parole Period' 'victim Impact Statements']

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Procedural Posture

Criminal Sentence for Historical Child Sexual Offences / Sentence Following Judge Alone Trial and Guilty Verdicts on Counts 1 to 5

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for five historical child sexual offences committed against child complainants.' 'How s 25AA of the Crimes (Sentencing Procedure) Act 1999 applies to sentencing for historical child sexual offences.' "Whether aggravating factors under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 were established, including threatened violence, offences committed in the victims' home, substantial harm, conditional liberty, and breach of trust for Count 5." "Whether the offender's election for a Judge alone trial mitigated sentence." 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The objective seriousness of the five offences, the young ages of the victims, the background threat of violence, the commission of the offences in the victims' home, substantial harm, conditional liberty, and breach of trust for Count 5 required a full-time custodial aggregate sentence. Although the offender's youth at the time of offending, age at sentence, reduced specific deterrence and onerous custodial conditions were taken into account, his continued denial, criminal antecedents and guarded rehabilitation prospects limited mitigation. Totality required concurrency for offences committed on the same occasions and accumulation for separate victims and occasions, producing an...

Court Disposition

Offender convicted and sentenced to a full-time aggregate custodial sentence of 6 years and 6 months, with a non-parole period of 4 years and 3 months.

Orders

  • ['The offender is convicted of five offences under ss 66C(2), 61E(2A), 61E(1A) and 66A of the Crimes Act 1900.' 'The offender is sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999.' 'The non-parole period is 4 years and 3 months commencing on 24 August 2021 and...