R v Gaven [2014] NSWDC 189

R v Gaven [2014] NSWDC 189

The offender is to be sentenced for the 1988 offence of indecent assault by a person in authority in accordance with sentencing tariffs that prevailed at that time, not by contemporary standards. Despite the seriousness of his position of authority and the ongoing risk reflected by his prior offending, the head sentence and non-parole period imposed reflect the lower tariffs and practices of the 1980s, applying the principle of totality and allowing for special circumstances stemming from delay, regime uncertainty, and partial accumulation with existing sentences.

Jurisdiction
Australia
Judgment Date
07 August 2014
Procedural Posture
Criminal Sentence / Sentencing After Guilty Verdict on One Count; Jury Discharged on Remaining Counts
Outcome
Offender sentenced to imprisonment: eighteen months' head sentence, nine months' non-parole period. Sentence to commence 21 June 2017, with eligibility for parole on 20 March 2018.
Legal Topics
['indecent Assault' 'sentencing' 'historical Sexual Offences' 'person in Authority' 'tariff Sentencing' 'tendency Evidence' 'totality Principle']
['criminal Law'] ['indecent Assault' 'sentencing' 'historical Sexual Offences' 'person in Authority' 'tariff Sentencing' 'tendency Evidence' 'totality Principle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Verdict on One Count; Jury Discharged on Remaining Counts

Legal Issues

  1. 1 ['What is the appropriate sentence for indecent assault by a person in authority committed in 1988?' "How should the offender's good character and delay between offence and sentencing affect the sentence?" 'Should the sentencing reflect the standards and tariffs as at the time of offending or as at sentencing?']

Ratio Decidendi

The offender is to be sentenced for the 1988 offence of indecent assault by a person in authority in accordance with sentencing tariffs that prevailed at that time, not by contemporary standards. Despite the seriousness of his position of authority and the ongoing risk reflected by his prior offending, the head sentence and non-parole period imposed reflect the lower tariffs and practices of the 1980s, applying the principle of totality and allowing for special circumstances stemming from delay, regime uncertainty, and partial accumulation with existing sentences.

Court Disposition

Offender sentenced to imprisonment: eighteen months' head sentence, nine months' non-parole period. Sentence to commence 21 June 2017, with eligibility for parole on 20 March 2018.

Orders

  • ['Head sentence of 18 months imprisonment imposed from 21 June 2017.' 'Non-parole period of 9 months imposed, expiring 20 March 2018.' 'Sentence partially accumulated with existing sentence.' 'Offender eligible for release to parole on 20 March 2018.']