R v AJB [2017] NSWDC 81

R v AJB [2017] NSWDC 81

Sentences for historical sexual offences must reflect the criminality and objective seriousness measured against the maximum penalty at the time of offending, taking into account contemporary sentencing practices, special circumstances, and the impact of aggregate sentencing; prior good character is diminished by repeat offending; a full time custodial sentence is warranted due to nature and number of offences, with special circumstances warranting variation in non-parole period.

Jurisdiction
Australia
Judgment Date
12 April 2017
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence imposed; conviction on all counts.
Legal Topics
['historical Sex Offending' 'sentencing' 'aggregate Sentence' 'abuse of Trust' 'special Circumstances' 'objective Seriousness']
['criminal Law'] ['historical Sex Offending' 'sentencing' 'aggregate Sentence' 'abuse of Trust' 'special Circumstances' 'objective Seriousness']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determining appropriate sentence for historical sex offending' 'Application of sentencing regimes for offences committed across different legislative periods' 'Assessment of objective seriousness for various counts' 'Finding of special circumstances affecting non-parole period' 'Application of aggregate sentencing' 'Discount for guilty pleas']

Ratio Decidendi

Sentences for historical sexual offences must reflect the criminality and objective seriousness measured against the maximum penalty at the time of offending, taking into account contemporary sentencing practices, special circumstances, and the impact of aggregate sentencing; prior good character is diminished by repeat offending; a full time custodial sentence is warranted due to nature and number of offences, with special circumstances warranting variation in non-parole period.

Court Disposition

Full time custodial sentence imposed; conviction on all counts.

Orders

  • ['Conviction on Counts 1-7: see enumerated offences pursuant to Crimes Act sections s 61E(2), s 61D(1), s 61E(1)/s 76, s 61E(2), s 61E(2A), s 61O(1), s 61N(2) respectively.' 'Aggregate sentence: 4 years imprisonment.' 'Non-parole period: 2 years commencing 12 April 2017 to 11 April 2019.' 'Balance of term: 2 years...