R v Cameron (a pseudonym) [2018] NSWDC 432

R v Cameron (a pseudonym) [2018] NSWDC 432

Section 25AA Crimes (Sentencing Procedure) Act applies to offences of indecent assault on a male but not to buggery, as buggery lacks the necessary age element and overlap with listed offences; sentencing for historical child sexual offences must reflect the principle of totality given prior lengthy sentences, and should be concurrent so that additional punishment does not unduly exceed appropriate levels.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to aggregate term of 8 years imprisonment with a non-parole period of 6 years.
Legal Topics
['historical Sexual Assault' 'totality' 'indecent Assault' 'buggery' 'sentencing Procedure' 'aggregate Sentencing' 'delay' 'special Circumstances']
['criminal Law'] ['historical Sexual Assault' 'totality' 'indecent Assault' 'buggery' 'sentencing Procedure' 'aggregate Sentencing' 'delay' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Application of s 25AA Crimes (Sentencing Procedure) Act to offences of buggery' 'Assessment of totality principle in sentencing' 'Objective gravity of historical offences' 'Determination of special circumstances']

Ratio Decidendi

Section 25AA Crimes (Sentencing Procedure) Act applies to offences of indecent assault on a male but not to buggery, as buggery lacks the necessary age element and overlap with listed offences; sentencing for historical child sexual offences must reflect the principle of totality given prior lengthy sentences, and should be concurrent so that additional punishment does not unduly exceed appropriate levels.

Court Disposition

Sentenced to aggregate term of 8 years imprisonment with a non-parole period of 6 years.

Orders

  • ['Aggregate sentence of 8 years imprisonment with a non-parole period of 6 years, commencing 23 November 2013; non-parole period expires 22 November 2019.' "No publication of complainant's name or material tending to identify complainant."]