R v MKG [2024] NSWDC 172

R v MKG [2024] NSWDC 172

Given the seriousness of the three indecent assaults, the gross breach of trust by the offender as the complainant's biological father, the multiplicity and duration of the offending, and the need for general deterrence and denunciation, no penalty other than imprisonment was appropriate. The offender's lack of criminal history, age, health, rehabilitation, low risk of reoffending, delay, family hardship and isolation warranted meaningful mitigation and a generous finding of special circumstances, but did not avoid a substantial aggregate custodial sentence. Remorse was not established on balance because the offender pleaded not guilty and sought to place an innocent gloss on the pretext...

Jurisdiction
Australia
Judgment Date
16 May 2024
Procedural Posture
Criminal Sentencing for Historical Indecent Assault Offences / Sentence After Jury Convictions
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 3 years.
Legal Topics
['historical Sexual Offences' 'indecent Assault' 'complainant Under 16 Years' 'breach of Trust' 'general Deterrence' 'aggregate Sentence' 'special Circumstances' 'delay' 'good Character and No Criminal History']
['criminal Law' 'sentencing'] ['historical Sexual Offences' 'indecent Assault' 'complainant Under 16 Years' 'breach of Trust' 'general Deterrence' 'aggregate Sentence' 'special Circumstances' 'delay' 'good Character and No Criminal History']

Case Brief

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Procedural Posture

Criminal Sentencing for Historical Indecent Assault Offences / Sentence After Jury Convictions

Legal Issues

  1. 1 ['What sentence should be imposed for three historical indecent assault offences contrary to s 76 of the Crimes Act, 1900 as it then was.' "How to assess objective seriousness where the offender was the complainant's biological father and the complainant was under 16 years." "What weight should be given to the offender's lack of criminal history, age, health, rehabilitation, delay, absence of remorse, and family hardship." 'Whether an aggregate sentence and a finding of special circumstances were appropriate.']

Ratio Decidendi

Given the seriousness of the three indecent assaults, the gross breach of trust by the offender as the complainant's biological father, the multiplicity and duration of the offending, and the need for general deterrence and denunciation, no penalty other than imprisonment was appropriate. The offender's lack of criminal history, age, health, rehabilitation, low risk of reoffending, delay, family hardship and isolation warranted meaningful mitigation and a generous finding of special circumstances, but did not avoid a substantial aggregate custodial sentence. Remorse was not established on balance because the offender pleaded not guilty and sought to place an innocent gloss on the pretext...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 3 years.

Orders

  • ['In respect of the three counts of Indecent Assault in respect of which the jury returned verdicts of guilty the offender is convicted.' 'The offender is sentenced to an aggregate sentence of 6 years with a non-parole period of 3 years.' 'The non-parole period will date from 7 March 2024 and expire on 6 March...