R v Heyward [2020] NSWDC 248

R v Heyward [2020] NSWDC 248

Although the seriousness of the child sexual offence required a sentence of imprisonment, s 78K of the Crimes Act 1900 (NSW) was not a prescribed sexual offence within s 67(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The Court was therefore able to consider an intensive correction order, and in light of the offender's age, lack of reoffending for more than 30 years, remorse, rehabilitation, physical circumstances, guilty plea and the assessment of community safety, the 2-year term of imprisonment should be served by means of an intensive correction order.

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was sentenced to imprisonment for 2 years, to be served by means of an intensive correction order commencing on 20 March 2020. A Crown appeal contending the ICO was contrary to law was later abandoned.
Legal Topics
['homosexual Intercourse With a Male Between 10 and 18 Years' 'prescribed Sexual Offence' 'intensive Correction Order' 'child Sexual Offending' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['homosexual Intercourse With a Male Between 10 and 18 Years' 'prescribed Sexual Offence' 'intensive Correction Order' 'child Sexual Offending' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for an offence against s 78K of the Crimes Act 1900 (NSW).' 'Whether no sentence other than imprisonment was appropriate.' 'Whether an offence under s 78K of the Crimes Act 1900 (NSW) is a prescribed sexual offence within s 67(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), so as to preclude service of the sentence by an intensive correction order.' 'Whether community safety would be served more fully by the offender serving the sentence by means of an intensive correction order.']

Ratio Decidendi

Although the seriousness of the child sexual offence required a sentence of imprisonment, s 78K of the Crimes Act 1900 (NSW) was not a prescribed sexual offence within s 67(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The Court was therefore able to consider an intensive correction order, and in light of the offender's age, lack of reoffending for more than 30 years, remorse, rehabilitation, physical circumstances, guilty plea and the assessment of community safety, the 2-year term of imprisonment should be served by means of an intensive correction order.

Court Disposition

The offender was sentenced to imprisonment for 2 years, to be served by means of an intensive correction order commencing on 20 March 2020. A Crown appeal contending the ICO was contrary to law was later abandoned.

Orders

  • ['The sentence of 2 years imprisonment is to be served by means of an intensive correction order commencing 20 March 2020.' 'The offender must not commit any offence.' 'The offender must submit to supervision by a community corrections officer.' 'The offender must perform 500 hours of community service.' 'The...