R v FARRELL [2018] NSWDC 327

R v FARRELL [2018] NSWDC 327

The offender's repeated historical sexual offending against young altar boys was grave, involved profound breaches of trust and was committed in contexts that should have been safe, including a priest's car, a presbytery, a church and a victim's home. Although limited discounts were allowed for the late guilty pleas and some minor weight was given to assistance offered to the Royal Commission, there was little meaningful remorse, delay did not mitigate sentence, and age and low future risk were largely consequences of time and existing custody. Applying current sentencing procedures while considering the maximum penalties at the time, and giving effect to totality in light of the...

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Criminal Sentence / Sentencing After Trial Convictions and Guilty Pleas
Outcome
The offender was convicted on all offences and sentenced to a further full-time custodial aggregate sentence.
Legal Topics
['historical Child Sexual Offences' 'sexual Assaults by Priest Against Altar Boys' 'breach of Trust' 'aggregate Sentence' 'totality' 'special Circumstances' 'pre Existing Aggregate Sentence']
['criminal Law' 'sentencing'] ['historical Child Sexual Offences' 'sexual Assaults by Priest Against Altar Boys' 'breach of Trust' 'aggregate Sentence' 'totality' 'special Circumstances' 'pre Existing Aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentencing After Trial Convictions and Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's historical sexual offences against child altar boys committed between 1981 and 1983." 'How the aggregate sentence should be structured having regard to the existing aggregate sentence imposed by Judge Zahra SC.' 'Whether totality, partial accumulation and special circumstances required adjustment of the non-parole period and balance of term.' 'What effect should be given to guilty pleas, remorse, assistance to the Royal Commission, delay, age, risk of reoffending and prospects of rehabilitation.']

Ratio Decidendi

The offender's repeated historical sexual offending against young altar boys was grave, involved profound breaches of trust and was committed in contexts that should have been safe, including a priest's car, a presbytery, a church and a victim's home. Although limited discounts were allowed for the late guilty pleas and some minor weight was given to assistance offered to the Royal Commission, there was little meaningful remorse, delay did not mitigate sentence, and age and low future risk were largely consequences of time and existing custody. Applying current sentencing procedures while considering the maximum penalties at the time, and giving effect to totality in light of the...

Court Disposition

The offender was convicted on all offences and sentenced to a further full-time custodial aggregate sentence.

Orders

  • ['In respect of all offences the prisoner is convicted.' 'Pursuant to s 53A Crimes (Sentencing Procedures) Act 1999, an aggregate sentence of 9 years 6 months imprisonment is fixed to commence on 20 June 2031 and to expire on 19 December 2040, with an aggregate non-parole period of 5 years 6 months imprisonment to...