R v DW (No 1) [2020] NSWDC 461

R v DW (No 1) [2020] NSWDC 461

Although the offences were serious and caused ongoing harm to the victims, the offender was himself a child aged 15 at the time, the offending occurred almost three decades earlier, he had led a blameless and exemplary life since, demonstrated complete rehabilitation, presented no ongoing risk to children, and the court was not satisfied under s 5 of the Crimes (Sentencing Procedure) Act 1999 that imprisonment was the only appropriate penalty. Convictions and three-year Community Correction Orders were sufficient in the particular circumstances, including for general deterrence.

Jurisdiction
Australia
Judgment Date
11 May 2020
Procedural Posture
Criminal Sentence for Historical Child Sex Offences / Sentence Following Guilty Pleas
Outcome
Convicted and ordered to comply with Community Correction Orders for a period of 3 years.
Legal Topics
['historical Child Sexual Offences' 'child Offender' 'delay' 'rehabilitation' 'community Correction Order' 'non Custodial Sentence' 'victim Impact' 'sentencing Patterns and Practices']
['criminal Law' 'sentencing'] ['historical Child Sexual Offences' 'child Offender' 'delay' 'rehabilitation' 'community Correction Order' 'non Custodial Sentence' 'victim Impact' 'sentencing Patterns and Practices']

Case Brief

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Procedural Posture

Criminal Sentence for Historical Child Sex Offences / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for historical child sexual offences committed in 1991 when the offender was 15 years old.' "What effect should be given to the offender's guilty pleas and the statutory plea discount regime." 'How the court should weigh delay, youth and immaturity at the time of offending, rehabilitation, general deterrence, victim impact and current sentencing practices under s 25AA of the Crimes (Sentencing Procedure) Act 1999.' 'Whether a sentence of imprisonment was required or whether Community Correction Orders were appropriate.']

Ratio Decidendi

Although the offences were serious and caused ongoing harm to the victims, the offender was himself a child aged 15 at the time, the offending occurred almost three decades earlier, he had led a blameless and exemplary life since, demonstrated complete rehabilitation, presented no ongoing risk to children, and the court was not satisfied under s 5 of the Crimes (Sentencing Procedure) Act 1999 that imprisonment was the only appropriate penalty. Convictions and three-year Community Correction Orders were sufficient in the particular circumstances, including for general deterrence.

Court Disposition

Convicted and ordered to comply with Community Correction Orders for a period of 3 years.

Orders

  • ['DW is convicted with respect to each of the three matters before the Court.' 'Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act 1999, instead of imposing a sentence of imprisonment, DW is ordered to comply with a Community Correction Order for a period of 3 years.' 'The Community Correction Orders...