R v LEE, Ernest John [2018] NSWDC 109

R v LEE, Ernest John [2018] NSWDC 109

The prisoner is sentenced to an aggregate full-time custodial sentence due to the gravity and multiplicity of the historical sexual offences against children, taking into account the utilitarian benefit of the guilty plea (discounted by 15%), the offender's age and ill health, the sentencing patterns at the time of offending, and the totality principle. Form 1 offences are considered to increase the weight of deterrence and retribution for principal offences, but only principal offences are directly sentenced. The sentence reflects both general and individual deterrence, is reduced below contemporary statutory ratios for non-parole due to special circumstances, and is structured as an...

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Criminal / Sentence
Outcome
Full-time custodial sentence imposed: aggregate sentence of 7 years 6 months imprisonment with a non-parole period of 3 years.
Legal Topics
['indecent Assault' 'incite Act of Indecency' 'sentencing' 'historical Sexual Offences' 'utilitarian Discount' 'aggregate Sentencing' 'non Parole Periods' 'comparative Sentencing']
['criminal Law'] ['indecent Assault' 'incite Act of Indecency' 'sentencing' 'historical Sexual Offences' 'utilitarian Discount' 'aggregate Sentencing' 'non Parole Periods' 'comparative Sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple historical indecent assault offences and related sexual offences committed against children?' 'How should utilitarian discounts for guilty pleas and sentencing patterns of the time be applied to historical offences?' 'To what extent does the mental and physical condition of the elderly offender affect sentencing?' 'What is the impact of Form 1 offences on principal counts in aggregate sentencing?']

Ratio Decidendi

The prisoner is sentenced to an aggregate full-time custodial sentence due to the gravity and multiplicity of the historical sexual offences against children, taking into account the utilitarian benefit of the guilty plea (discounted by 15%), the offender's age and ill health, the sentencing patterns at the time of offending, and the totality principle. Form 1 offences are considered to increase the weight of deterrence and retribution for principal offences, but only principal offences are directly sentenced. The sentence reflects both general and individual deterrence, is reduced below contemporary statutory ratios for non-parole due to special circumstances, and is structured as an...

Court Disposition

Full-time custodial sentence imposed: aggregate sentence of 7 years 6 months imprisonment with a non-parole period of 3 years.

Orders

  • ['Offender convicted on all counts, aggregate sentence of imprisonment under s 53A Crimes (Sentencing Procedure) Act 1999: non-parole period of 3 years commencing 16 March 2018 and expiring 15 March 2021; balance of sentence 4 years 6 months expiring 14 September 2025.' 'Indicative sentences for individual counts...