R v Scholten [2020] NSWDC 866

R v Scholten [2020] NSWDC 866

A full time custodial sentence is necessary for the offence of indecent assault of a person under 16, breaching s 61M(2) Crimes Act 1900 (NSW), with a non-parole period of 2 years (including a 5% discount for the guilty plea), total head sentence of 3 years, due to the objective seriousness (slightly above mid-range), presence of aggravating factors and absence of mitigating factors sufficient to justify non-custodial sentence. The purposes of punishment, deterrence, community protection, and harm recognition require imprisonment as the only appropriate sentencing option.

Parties
Prosecutor: Regina (ODPP); Offender: Matthew Scholten
Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Full time custodial sentence imposed.
Legal Topics
Indecent Assault, Sentencing, Children as Victims, Crimes Act 1900 (nsw) S 61 M
Criminal Law Indecent Assault Sentencing Children as Victims Crimes Act 1900 (nsw) S 61 M

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Parties

Regina (ODPP)

Prosecutor

Matthew Scholten

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for indecent assault of a person under 16 years under s 61M(2) Crimes Act 1900 (NSW)
  2. 2 Assessment of objective seriousness and aggravating/mitigating factors
  3. 3 Determination of discount for guilty plea

Ratio Decidendi

A full time custodial sentence is necessary for the offence of indecent assault of a person under 16, breaching s 61M(2) Crimes Act 1900 (NSW), with a non-parole period of 2 years (including a 5% discount for the guilty plea), total head sentence of 3 years, due to the objective seriousness (slightly above mid-range), presence of aggravating factors and absence of mitigating factors sufficient to justify non-custodial sentence. The purposes of punishment, deterrence, community protection, and harm recognition require imprisonment as the only appropriate sentencing option.

Court Disposition

Full time custodial sentence imposed.

Orders

  • Offender convicted of indecent assault of a person under 16 years (s 61M(2) Crimes Act 1900 (NSW)).
  • Sentenced to 3 years imprisonment: non-parole period of 2 years (25 June 2020 to 24 June 2022), balance of term 1 year, head sentence expires 24 June 2023.