R v LV [2018] NSWDC 530

R v LV [2018] NSWDC 530

Although the offences required imprisonment and were not at the lowest end of objective seriousness, they were well below mid-range. Taking into account the historical nature of the offences, the offender's youth at the time, his prior sexual abuse, remorse and contrition, absence of prior convictions, strong rehabilitation and negligible risk of re-offending, the appropriate aggregate sentence was 3 years imprisonment to be served by way of an Intensive Corrections Order rather than full-time custody.

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Criminal Sentencing for Indecent Assault Offences / Sentence After Guilty Pleas in the Local Court
Outcome
Offender convicted on six offences and sentenced to an aggregate term of 3 years imprisonment to be served by way of an Intensive Corrections Order.
Legal Topics
['indecent Assault' 'historical Child Sexual Offences' 'intensive Correction Orders' 'aggregate Sentences' 'form 1 Offences' 'guilty Plea Discount' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['indecent Assault' 'historical Child Sexual Offences' 'intensive Correction Orders' 'aggregate Sentences' 'form 1 Offences' 'guilty Plea Discount' 'victim Impact Statements']

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Procedural Posture

Criminal Sentencing for Indecent Assault Offences / Sentence After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentences should be imposed for six offences of indecent assault contrary to s 81 Crimes Act 1900 committed between 1 March 1972 and 31 July 1973.' 'How additional Form 1 offences should be taken into account on sentence.' 'Whether the offender should receive a 25% discount for guilty pleas.' 'Whether the objective seriousness and subjective circumstances justified an aggregate sentence served by way of an Intensive Corrections Order.']

Ratio Decidendi

Although the offences required imprisonment and were not at the lowest end of objective seriousness, they were well below mid-range. Taking into account the historical nature of the offences, the offender's youth at the time, his prior sexual abuse, remorse and contrition, absence of prior convictions, strong rehabilitation and negligible risk of re-offending, the appropriate aggregate sentence was 3 years imprisonment to be served by way of an Intensive Corrections Order rather than full-time custody.

Court Disposition

Offender convicted on six offences and sentenced to an aggregate term of 3 years imprisonment to be served by way of an Intensive Corrections Order.

Orders

  • ['In respect of each of the six offences upon which sentence is to be imposed, the offender is convicted.' 'For sequence 1 in series 65269618, taking into account the Form 1 offences and allowing a 25% discount, an indicative sentence of 2 years and 9 months imprisonment was specified.' 'For sequence 2 in series...