R v Ryan [2019] NSWDC 195

R v Ryan [2019] NSWDC 195

Although the offender was 81, rehabilitated, unlikely to reoffend, had previously served a lengthy and onerous sentence for related offending, and was entitled to substantial leniency under delay, totality and proportionality principles, the objective seriousness of the four indecent assaults on vulnerable children by a priest in breach of trust meant that no penalty other than imprisonment was appropriate. Special circumstances justified a markedly reduced non-parole period within an aggregate sentence.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Criminal Sentence / Sentencing After Judge Alone Trial and Guilty Verdicts on Counts 1 to 4
Outcome
The offender was convicted on each offence and sentenced to an aggregate term of full-time imprisonment of 3 years 3 months with a non-parole period of 14 months.
Legal Topics
['historical Child Sexual Offences' 'indecent Assault' 'person in Authority' 'breach of Trust' 'totality' 'proportionality' 'delay' 'rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['historical Child Sexual Offences' 'indecent Assault' 'person in Authority' 'breach of Trust' 'totality' 'proportionality' 'delay' 'rehabilitation' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Judge Alone Trial and Guilty Verdicts on Counts 1 to 4

Legal Issues

  1. 1 ["Whether the objective seriousness of four historical indecent assaults on children required full-time imprisonment despite the offender's age, prior lengthy imprisonment, rehabilitation and low risk of reoffending." 'How the principles of totality and proportionality applied where the offences formed part of the same period of offending for which the offender had previously served a lengthy term of imprisonment.' 'Whether delay and demonstrated rehabilitation warranted leniency.' 'Whether special circumstances justified a marked variation of the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

Although the offender was 81, rehabilitated, unlikely to reoffend, had previously served a lengthy and onerous sentence for related offending, and was entitled to substantial leniency under delay, totality and proportionality principles, the objective seriousness of the four indecent assaults on vulnerable children by a priest in breach of trust meant that no penalty other than imprisonment was appropriate. Special circumstances justified a markedly reduced non-parole period within an aggregate sentence.

Court Disposition

The offender was convicted on each offence and sentenced to an aggregate term of full-time imprisonment of 3 years 3 months with a non-parole period of 14 months.

Orders

  • ['The offender is convicted of each offence.' 'For the offence of indecent assault (count 1), the indicative sentence is 1 year 8 months imprisonment.' 'For the offence of indecent assault (count 2), the indicative sentence is 2 years imprisonment.' 'For the offence of indecent assault on a person under the age of...