R v Lawson [2021] NSWDC 245

R v Lawson [2021] NSWDC 245

Although both counts were objectively serious and Count 2 required imprisonment after taking the Form 1 matter into account, the offender's youth at the time, extreme childhood deprivation and sexual abuse, complex PTSD, genuine remorse, long delay, rehabilitation, low current risk of reoffending and ill health substantially reduced moral culpability and the weight of deterrence. Count 1 could therefore be dealt with by a Community Correction Order, while Count 2 warranted a merciful 12-month sentence with a non-parole period equal to time already served and special circumstances.

Jurisdiction
Australia
Judgment Date
10 June 2021
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Pleas to Two Counts and Request to Take Form 1 Matter Into Account
Outcome
Offender convicted on both counts. Count 1 dealt with by a Community Correction Order for 2 years and 6 months. Count 2 dealt with by 12 months imprisonment, with a non-parole period of 188 days expiring on the date of sentence and a balance of term of 178 days expiring on 4 December 2021. The Form 1 matter attached...
Legal Topics
['historical Sexual Offending' 'sexual Intercourse Without Consent' 'indecent Assault on Form 1' 'childhood Deprivation and Abuse' 'mental Impairment' 'delay in Sentencing' 'community Correction Order' 'non Parole Period']
['criminal Law' 'sentencing'] ['historical Sexual Offending' 'sexual Intercourse Without Consent' 'indecent Assault on Form 1' 'childhood Deprivation and Abuse' 'mental Impairment' 'delay in Sentencing' 'community Correction Order' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Pleas to Two Counts and Request to Take Form 1 Matter Into Account

Legal Issues

  1. 1 ['What sentences should be imposed for two historical offences of sexual intercourse without consent under s 61D(1) of the Crimes Act 1900.' 'How the Form 1 offence of indecent assault under s 61E(1) of the Crimes Act 1900 should affect sentence on Count 2.' "Whether the offender's youth at the time of offending, childhood deprivation, sexual abuse, PTSD and delay reduced moral culpability and the weight of deterrence." 'Whether Count 1 warranted a non-custodial sentence and whether Count 2 crossed the s 5 threshold for imprisonment.' 'Whether special circumstances justified a non-parole period reflecting time already served.']

Ratio Decidendi

Although both counts were objectively serious and Count 2 required imprisonment after taking the Form 1 matter into account, the offender's youth at the time, extreme childhood deprivation and sexual abuse, complex PTSD, genuine remorse, long delay, rehabilitation, low current risk of reoffending and ill health substantially reduced moral culpability and the weight of deterrence. Count 1 could therefore be dealt with by a Community Correction Order, while Count 2 warranted a merciful 12-month sentence with a non-parole period equal to time already served and special circumstances.

Court Disposition

Offender convicted on both counts. Count 1 dealt with by a Community Correction Order for 2 years and 6 months. Count 2 dealt with by 12 months imprisonment, with a non-parole period of 188 days expiring on the date of sentence and a balance of term of 178 days expiring on 4 December 2021. The Form 1 matter attached...

Orders

  • ['You are convicted of the offence in Count 1 pursuant to s 61D(1) of the Crimes Act 1900, that you between 28 July 1981 and 28 July 1983, at North Parramatta in the State of New South Wales, did have sexual intercourse with GL, without the consent of GL, knowing she was not consenting.' 'You are convicted of the...