R v Jewell [2021] NSWDC 409

R v Jewell [2021] NSWDC 409

Given the significant harm to multiple victims, breach of trust by an educator, the need for general deterrence, the offender's age, health, background, remorse, and periods of delay, the Court imposes an aggregate sentence of seven years with a non-parole period of four years, finding special circumstances warranting adjustment of the ordinary ratio; full-time imprisonment is appropriate.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['indecent Assault' 'historical Child Sexual Abuse' 'sentencing']
['criminal Law'] ['indecent Assault' 'historical Child Sexual Abuse' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for historical offences of indecent assault under s 81 Crimes Act 1900' 'Assessment of objective seriousness' 'Discounts for guilty pleas' 'Consideration of special circumstances' 'Application of totality principle' 'Aggravating and mitigating factors' 'Remorse and prospects of rehabilitation']

Ratio Decidendi

Given the significant harm to multiple victims, breach of trust by an educator, the need for general deterrence, the offender's age, health, background, remorse, and periods of delay, the Court imposes an aggregate sentence of seven years with a non-parole period of four years, finding special circumstances warranting adjustment of the ordinary ratio; full-time imprisonment is appropriate.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ["Aggregate sentence of 7 years' imprisonment from 14/5/21 to 13/5/28 with a non-parole period of 4 years (to 13/5/25)" 'Finding of special circumstances for adjustment of sentence' 'Indicative sentences for each count as specified' 'Recommendation for urgent access to Justice Health services']