R v DER [2018] NSWDC 98

R v DER [2018] NSWDC 98

Having regard to the objective seriousness of eight historical sexual offences against young victims, the need for denunciation, punishment, accountability, recognition of harm and general deterrence, and applying historical sentencing principles and maximum penalties, no penalty other than imprisonment was appropriate. The guilty plea, absence of prior criminal history, low likelihood of reoffending, good prospects of rehabilitation, age, health, and sentencing practices at the time justified an aggregate sentence with special circumstances and a varied statutory ratio, but did not justify a non-custodial or suspended outcome.

Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Criminal Sentencing for Historical Child Sexual Offences / Sentence Following Plea of Guilty
Outcome
The Offender was convicted on each count and sentenced to an aggregate term of imprisonment of four years with a non-parole period of two years.
Legal Topics
['historical Offences' 'indecent Assault Against Female Under the Age of 16' 'acts of Indecency Against Female Under the Age of 16' 'aggregate Sentence' 'special Circumstances' 'non Parole Period' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['historical Offences' 'indecent Assault Against Female Under the Age of 16' 'acts of Indecency Against Female Under the Age of 16' 'aggregate Sentence' 'special Circumstances' 'non Parole Period' 'victim Impact Statements']

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 Sentencing for Historical Child Sexual Offences / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for eight historical child sexual offences committed between 1968 and 1986 against five victims.' "Whether the victims' age, the Offender's access to them, and asserted position of trust affected objective seriousness or constituted statutory aggravating factors." 'Whether the delay in prosecution, guilty plea, absence of prior criminal history, limited remorse, low likelihood of reoffending, age and health affected sentence.' 'Whether no penalty other than imprisonment was appropriate and whether special circumstances justified varying the statutory ratio.']

Ratio Decidendi

Having regard to the objective seriousness of eight historical sexual offences against young victims, the need for denunciation, punishment, accountability, recognition of harm and general deterrence, and applying historical sentencing principles and maximum penalties, no penalty other than imprisonment was appropriate. The guilty plea, absence of prior criminal history, low likelihood of reoffending, good prospects of rehabilitation, age, health, and sentencing practices at the time justified an aggregate sentence with special circumstances and a varied statutory ratio, but did not justify a non-custodial or suspended outcome.

Court Disposition

The Offender was convicted on each count and sentenced to an aggregate term of imprisonment of four years with a non-parole period of two years.

Orders

  • ['The Offender is convicted on each Count.' 'Pursuant to s 53A of the 1999 Act, the Offender is sentenced to serve an aggregate term of imprisonment of four years to date from today and to expire on 5 April 2022. Special circumstances were found and the statutory ratio in s 44 of the 1999 Act was varied.' 'The...