R v RT (No 2) [2024] NSWDC 533

R v RT (No 2) [2024] NSWDC 533

Given the extensive delay of nearly 33 years, the offender’s age at offending (child), exemplary subsequent conduct, powerful evidence of rehabilitation and good character, and the current sentencing regime, a conviction should be recorded with a Community Correction Order rather than imprisonment. The offender should not be treated as a registrable person under the Child Protection (Offenders Registration) Act 2000.

Parties
Crown: Rex; Offender: RT
Jurisdiction
Australia
Judgment Date
18 July 2024
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted. Community Correction Order for 3 years with 200 hours of community service imposed. Offender is not to be treated as a registrable person under the Child Protection (Offenders Registration) Act 2000.
Legal Topics
Historical Child Sexual Offences, Sentencing, Delay in Prosecution, Child Offender, Objective Seriousness, Community Correction Order, Non Custodial Sentence
Criminal Law Historical Child Sexual Offences Sentencing Delay in Prosecution Child Offender Objective Seriousness Community Correction Order Non Custodial Sentence

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Parties

Rex

Crown

RT

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 How should the offender, who committed historical sexual offences as a child but is being sentenced as an adult after a 33-year delay, be appropriately sentenced under current law?
  2. 2 Should the offender be subject to registration under the Child Protection (Offenders Registration) Act 2000?

Ratio Decidendi

Given the extensive delay of nearly 33 years, the offender’s age at offending (child), exemplary subsequent conduct, powerful evidence of rehabilitation and good character, and the current sentencing regime, a conviction should be recorded with a Community Correction Order rather than imprisonment. The offender should not be treated as a registrable person under the Child Protection (Offenders Registration) Act 2000.

Court Disposition

Offender convicted. Community Correction Order for 3 years with 200 hours of community service imposed. Offender is not to be treated as a registrable person under the Child Protection (Offenders Registration) Act 2000.

Orders

  • Offender convicted.
  • Community Correction Order for a period of 3 years.