R v Nathan John Tucker [2007] NSWDC 248

R v Nathan John Tucker [2007] NSWDC 248

The offence was a deliberate, opportunistic indecent assault on a vulnerable sleeping thirteen year old complainant, involving exposure of her vaginal area and skin-on-skin touching, but it was short, involved no threats or additional violence, and was below the mid-range of seriousness. Alcohol reduced the offender's inhibitions but did not excuse or eliminate the deliberate sexual nature of the conduct. Given the guilty plea, rehabilitation prospects, and need for intensive alcohol rehabilitation and counselling, the offender was convicted and granted conditional s 11 bail for six months before final sentence.

Jurisdiction
Australia
Judgment Date
06 November 2007
Procedural Posture
Criminal Sentence for Indecent Assault / Sentencing After Guilty Plea
Outcome
Convicted and granted conditional s 11 bail pursuant to the Crimes (Sentencing Procedure) Act for six months; matter stood over to 25 January 2008.
Legal Topics
['indecent Assault' 'child Complainant' 'intoxication' 'rehabilitation' 'conditional S 11 Bail']
['criminal Law' 'sentencing'] ['indecent Assault' 'child Complainant' 'intoxication' 'rehabilitation' 'conditional S 11 Bail']

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Procedural Posture

Criminal Sentence for Indecent Assault / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Assessment of the objective seriousness of an indecent assault on a thirteen year old complainant who was asleep' "Effect of the offender's alcohol intoxication and alcohol addiction on culpability and sentencing" 'Whether the offence fell within the mid-range of seriousness for standard non-parole period purposes' 'Whether rehabilitation and counselling should be pursued through conditional bail before final sentence']

Ratio Decidendi

The offence was a deliberate, opportunistic indecent assault on a vulnerable sleeping thirteen year old complainant, involving exposure of her vaginal area and skin-on-skin touching, but it was short, involved no threats or additional violence, and was below the mid-range of seriousness. Alcohol reduced the offender's inhibitions but did not excuse or eliminate the deliberate sexual nature of the conduct. Given the guilty plea, rehabilitation prospects, and need for intensive alcohol rehabilitation and counselling, the offender was convicted and granted conditional s 11 bail for six months before final sentence.

Court Disposition

Convicted and granted conditional s 11 bail pursuant to the Crimes (Sentencing Procedure) Act for six months; matter stood over to 25 January 2008.

Orders

  • ['The offender is convicted of the offence.' 'The offender is granted bail pursuant to s 11 of the Crimes (Sentencing Procedure) Act for a period of six months from 6 November 2007.' 'During the bail period the offender must complete the rehabilitation program he is currently in or, if he does not qualify for it,...