R v EC [2018] NSWDC 267

R v EC [2018] NSWDC 267

Applying s 25AA of the Crimes (Sentencing Procedure) Act 1999, the seriousness of historical child sexual offending, and the need for general deterrence meant that no penalty other than imprisonment was warranted. However, because the offender was 16 or 17 at the time, had not re-offended for about 42 years, was assessed as low risk with good prospects of rehabilitation, had relevant subjective circumstances, and would suffer extra-curial consequences, sentences of 6 months on Counts 1 and 3 and 2 years on Count 4 were proportionate and could be suspended pursuant to s 12.

Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Criminal Sentence for Historical Sexual Offences / Remarks on Sentence After Jury Verdicts of Guilty
Outcome
Suspended custodial sentence imposed.
Legal Topics
['historical Child Sexual Offending' 'juvenile Offender at Time of Offending' 'indecent Assault Against a Male' 'carnal Knowledge of a Girl Under 10 Years' 'suspended Sentence' 'delay in Prosecution']
['criminal Law' 'sentencing'] ['historical Child Sexual Offending' 'juvenile Offender at Time of Offending' 'indecent Assault Against a Male' 'carnal Knowledge of a Girl Under 10 Years' 'suspended Sentence' 'delay in Prosecution']

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Procedural Posture

Criminal Sentence for Historical Sexual Offences / Remarks on Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for Counts 1 and 3 under s 81 of the Crimes Act 1900 and Count 4 under s 67 of the Crimes Act 1900.' 'How s 25AA of the Crimes (Sentencing Procedure) Act 1999 applies to historical child sexual offences committed when the offender was a juvenile.' "What weight should be given to the offender's youth at the time of offending, delay, absence of re-offending, mental health, lack of remorse, victim impact, general deterrence and specific deterrence." 'Whether the custodial sentences should be suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Applying s 25AA of the Crimes (Sentencing Procedure) Act 1999, the seriousness of historical child sexual offending, and the need for general deterrence meant that no penalty other than imprisonment was warranted. However, because the offender was 16 or 17 at the time, had not re-offended for about 42 years, was assessed as low risk with good prospects of rehabilitation, had relevant subjective circumstances, and would suffer extra-curial consequences, sentences of 6 months on Counts 1 and 3 and 2 years on Count 4 were proportionate and could be suspended pursuant to s 12.

Court Disposition

Suspended custodial sentence imposed.

Orders

  • ['The offender is convicted of Count 1, indecent assault on DH, a male person, pursuant to s 81 of the Crimes Act 1900.' 'For Count 1, the offender is sentenced to imprisonment for 6 months from 21 September 2018 to 20 March 2019.' 'The offender is convicted of Count 3, indecent assault on DH, pursuant to s 81 of...