R v Roberts (a pseudonym) [2024] NSWDC 352

R v Roberts (a pseudonym) [2024] NSWDC 352

For multiple historical sexual offences against children, including acts of indecency and digital penetration, committed by the offender against daughters, nieces, and a family friend more than 40 years ago, and taking into account the abuse of trust, the enduring harm caused, the now greater knowledge of the harm of child sex abuse, the offender's advanced age, remorse, lack of prior convictions, substantial rehabilitation, and the statutory provisions regarding historical sexual offences, an aggregate sentence of 8 years with a non-parole period of 5 years was appropriate.

Jurisdiction
Australia
Judgment Date
26 April 2024
Procedural Posture
Criminal / Sentence After Guilty Plea
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
['historical Child Sexual Offences' 'sentencing' 'acts of Indecency' 'delay in Prosecution' 'abuse of Trust']
['criminal Law'] ['historical Child Sexual Offences' 'sentencing' 'acts of Indecency' 'delay in Prosecution' 'abuse of Trust']

Case Brief

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Procedural Posture

Criminal / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentencing for historical sexual offences against children under section 76 of the Crimes Act 1900 (NSW), now repealed' 'Impact of delay in prosecution on sentence' 'Assessment of objective seriousness including abuse of position of trust and multiple victims' 'Mitigating factors including prospects of rehabilitation and lack of prior convictions']

Ratio Decidendi

For multiple historical sexual offences against children, including acts of indecency and digital penetration, committed by the offender against daughters, nieces, and a family friend more than 40 years ago, and taking into account the abuse of trust, the enduring harm caused, the now greater knowledge of the harm of child sex abuse, the offender's advanced age, remorse, lack of prior convictions, substantial rehabilitation, and the statutory provisions regarding historical sexual offences, an aggregate sentence of 8 years with a non-parole period of 5 years was appropriate.

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • ['Offender sentenced to an aggregate term of 8 years imprisonment with a non-parole period of 5 years, per [220]-[222].' 'Sentence commenced 24 July 2023; eligible for parole 23 July 2028; sentence expiry 23 July 2031.' 'Special circumstances found: non-parole period reduced accordingly.' "No publication of...