R v James Duncan SMITH [2009] NSWDC 414

R v James Duncan SMITH [2009] NSWDC 414

The offender was convicted of nine serious sexual offences against a child, several involving breach of trust, the final three committed while on bail and with a limited degree of planning. The court found no matters under s 21A warranting departure from the standard non-parole periods for counts 7, 8 and 9, rejected special circumstances, applied totality by making sentences partly concurrent, and imposed a total sentence of 14 years and 7 months imprisonment with a non-parole period of 11 years and 7 months.

Jurisdiction
Australia
Judgment Date
28 August 2009
Procedural Posture
Criminal Sentencing for Sexual Offences / Sentence After Jury Conviction
Outcome
Total sentence of 14 years and 7 months imprisonment with a non-parole period of 11 years and 7 months.
Legal Topics
['indecent Assault' 'indecent Assault in Circumstances of Aggravation' 'sexual Intercourse With Child Under 10' 'sexual Intercourse Without Consent' 'standard Non Parole Period' 'breach of Trust' 'offending While on Bail' 'protective Custody' 'totality']
['criminal Law' 'sentencing'] ['indecent Assault' 'indecent Assault in Circumstances of Aggravation' 'sexual Intercourse With Child Under 10' 'sexual Intercourse Without Consent' 'standard Non Parole Period' 'breach of Trust' 'offending While on Bail' 'protective Custody' 'totality']

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Procedural Posture

Criminal Sentencing for Sexual Offences / Sentence After Jury Conviction

Legal Issues

  1. 1 ['What sentences should be imposed for nine sexual offences of which the offender was found guilty by a jury.' 'Whether the offences involved aggravating features including breach of trust, offending while on bail, and limited planning.' 'Whether there were reasons to depart from the standard non-parole periods for counts 7, 8 and 9.' 'Whether special circumstances warranted an adjustment between the non-parole period and the additional term.']

Ratio Decidendi

The offender was convicted of nine serious sexual offences against a child, several involving breach of trust, the final three committed while on bail and with a limited degree of planning. The court found no matters under s 21A warranting departure from the standard non-parole periods for counts 7, 8 and 9, rejected special circumstances, applied totality by making sentences partly concurrent, and imposed a total sentence of 14 years and 7 months imprisonment with a non-parole period of 11 years and 7 months.

Court Disposition

Total sentence of 14 years and 7 months imprisonment with a non-parole period of 11 years and 7 months.

Orders

  • ['The offender was formally convicted of all offences of which the jury found him guilty.' 'For count 2, a fixed sentence of 5 years imprisonment commencing 31 August 2007 and concluding 30 August 2012.' 'For count 1, a fixed sentence of 4 years imprisonment commencing 31 October 2008 and expiring 30 October 2012.'...