R v Cable [2015] NSWDC 93

R v Cable [2015] NSWDC 93

The offending was very serious in totality: it involved 25 offences and 11 Form 1 matters against 19 vulnerable schoolboys over about 15 years, including serious indecent assaults, four counts of buggery, violence, threats, physical harm, prolonged psychological consequences, and a systematic and flagrant abuse of the offender's position of trust and authority as a teacher and Marist Brother. Although allowance was required for historical sentencing practices, the offender's age and medical condition, no prior convictions, character material, and the 15% discount for guilty pleas on the later indictment, the absence of remorse and the need for general deterrence meant that imprisonment...

Jurisdiction
Australia
Judgment Date
18 June 2015
Procedural Posture
Criminal Sentencing for Indecent Assault and Buggery Offences / Sentence After Jury Verdicts of Guilty on 13 Counts, Guilty Pleas to a Further 12 Counts, and Request to Take 11 Form 1 Matters Into Account
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 16 years with a non-parole period of 8 years.
Legal Topics
['historic Child Sexual Offences' 'indecent Assault on a Male' 'buggery' 'breach of Trust and Authority' 'aggregate Sentence' 'non Parole Period' 'form 1 Matters' 'general Deterrence']
['criminal Law' 'sentencing'] ['historic Child Sexual Offences' 'indecent Assault on a Male' 'buggery' 'breach of Trust and Authority' 'aggregate Sentence' 'non Parole Period' 'form 1 Matters' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing for Indecent Assault and Buggery Offences / Sentence After Jury Verdicts of Guilty on 13 Counts, Guilty Pleas to a Further 12 Counts, and Request to Take 11 Form 1 Matters Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for 25 historic sexual offences against former school students, with 11 additional Form 1 matters taken into account.' 'The objective seriousness of the offending, including repeated predatory conduct, multiple vulnerable child victims, violence, cruelty, physical harm, and gross breach of trust and authority.' "The extent to which historical sentencing practices, the offender's age and health, lack of prior convictions, character material, guilty pleas, and absence of remorse affected sentence." 'Whether an aggregate sentence should be imposed and what non-parole period was appropriate.']

Ratio Decidendi

The offending was very serious in totality: it involved 25 offences and 11 Form 1 matters against 19 vulnerable schoolboys over about 15 years, including serious indecent assaults, four counts of buggery, violence, threats, physical harm, prolonged psychological consequences, and a systematic and flagrant abuse of the offender's position of trust and authority as a teacher and Marist Brother. Although allowance was required for historical sentencing practices, the offender's age and medical condition, no prior convictions, character material, and the 15% discount for guilty pleas on the later indictment, the absence of remorse and the need for general deterrence meant that imprisonment...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 16 years with a non-parole period of 8 years.

Orders

  • ['In respect of counts 1 to 13 inclusive on the indictment dated 10 March 2015 and counts 1 to 12 on the indictment dated 19 March 2015, the offender is convicted.' 'Aggregate sentence imposed consisting of a term of imprisonment of 16 years commencing 19 March 2015 and expiring on 18 March 2031, with a non-parole...