R v McAnally [2022] NSWDC 752

R v McAnally [2022] NSWDC 752

Although each offence was around mid-range objective seriousness and involved historical sexual offending against a child, the court was not satisfied that the s 5 threshold was crossed. The offender's early guilty pleas, genuine remorse, age, significant health problems, PTSD and related substance use contributing to the offending, the very substantial delay, complete rehabilitation over more than four decades, and negligible risk of reoffending justified imposing a Community Correction Order rather than imprisonment.

Jurisdiction
Australia
Judgment Date
04 April 2022
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
For each offence, the offender was convicted and sentenced to a Community Correction Order for 2 years and 6 months commencing 4 April 2022.
Legal Topics
['historical Child Sexual Offences' 'act of Indecency With a Male Person' 'community Correction Order' 'delay' 'objective Seriousness' 'offender Health and Age' 'remorse and Rehabilitation']
['criminal Law' 'sentencing'] ['historical Child Sexual Offences' 'act of Indecency With a Male Person' 'community Correction Order' 'delay' 'objective Seriousness' 'offender Health and Age' 'remorse and Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['How to assess the objective seriousness of two historical offences under the now repealed s 81A of the Crimes Act 1900.' "Whether the victim's age, the nature and duration of the touching, breach of trust and vulnerability aggravated the offences." "Whether the offender's PTSD, Valium use, alcohol and cannabis use, age, health, remorse, delay and complete rehabilitation affected the sentencing outcome." 'Whether the s 5 threshold in the Crimes (Sentencing Procedure) Act 1999 was crossed so that imprisonment was the only appropriate penalty.' 'Whether a Community Correction Order was an appropriate sentence.']

Ratio Decidendi

Although each offence was around mid-range objective seriousness and involved historical sexual offending against a child, the court was not satisfied that the s 5 threshold was crossed. The offender's early guilty pleas, genuine remorse, age, significant health problems, PTSD and related substance use contributing to the offending, the very substantial delay, complete rehabilitation over more than four decades, and negligible risk of reoffending justified imposing a Community Correction Order rather than imprisonment.

Court Disposition

For each offence, the offender was convicted and sentenced to a Community Correction Order for 2 years and 6 months commencing 4 April 2022.

Orders

  • ['For each offence, convicted and sentenced to a Community Correction Order for 2 years 6 months, to date from 4 April 2022.' 'The offender must be of good behaviour.' 'The offender must appear before the court if called upon during the term of the Community Correction Order.' 'The offender must accept supervision...