R v PM [2022] NSWDC 686

R v PM [2022] NSWDC 686

Each offence required full-time custody. Having regard to the objective seriousness of repeated child sexual offending against two victims, including grave and degrading offending against the offender's son over 7 to 8 years, the breaches of trust, the need for punishment, deterrence, denunciation and community protection, and the offender's subjective matters, an aggregate sentence of 15 years imprisonment with a non-parole period of 10 years and 3 months was appropriate. Special circumstances justified some adjustment of the non-parole ratio because this was the offender's first time in custody, his age, and the need for monitoring on release.

Jurisdiction
Australia
Judgment Date
25 November 2022
Procedural Posture
Criminal Sentence / Sentence After Jury Trial Convictions in the District Court of New South Wales
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 15 years with a non-parole period of 10 years and 3 months. Special circumstances found. High Risk Offender warning given.
Legal Topics
['indecent Assault' 'incitement of Child to Commit Act of Indecency' 'sexual Intercourse With Child Under 10 Years' 'sexual Intercourse With Child 10 14 Years Under Authority' 'child Sexual Offences' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'high Risk Offender Warning']
['criminal Law' 'sentencing'] ['indecent Assault' 'incitement of Child to Commit Act of Indecency' 'sexual Intercourse With Child Under 10 Years' 'sexual Intercourse With Child 10 14 Years Under Authority' 'child Sexual Offences' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'high Risk Offender Warning']

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Procedural Posture

Criminal Sentence / Sentence After Jury Trial Convictions in the District Court of New South Wales

Legal Issues

  1. 1 ['What sentences should be imposed for multiple child sexual offences committed against two child victims.' 'How to assess objective seriousness, including age, breach of trust and authority, offending in the home, and repeated offending.' 'Whether subjective matters including no prior criminal history, age, childhood sexual abuse, lack of remorse, guarded rehabilitation prospects, pandemic conditions and likely protective custody should affect sentence.' 'Whether special circumstances justified adjustment of the ratio between the non-parole period and the head sentence.' 'How totality principles should be applied in imposing an aggregate sentence.']

Ratio Decidendi

Each offence required full-time custody. Having regard to the objective seriousness of repeated child sexual offending against two victims, including grave and degrading offending against the offender's son over 7 to 8 years, the breaches of trust, the need for punishment, deterrence, denunciation and community protection, and the offender's subjective matters, an aggregate sentence of 15 years imprisonment with a non-parole period of 10 years and 3 months was appropriate. Special circumstances justified some adjustment of the non-parole ratio because this was the offender's first time in custody, his age, and the need for monitoring on release.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 15 years with a non-parole period of 10 years and 3 months. Special circumstances found. High Risk Offender warning given.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of 15 years imprisonment is imposed.' 'A non-parole period of 10 years and 3 months is imposed.' 'The sentence dates from 8 August 2022.' 'The head sentence expires on 7 August 2037.' 'The non-parole period expires on 7 November 2032.' 'High Risk...