R v CP [2016] NSWDC 413

R v CP [2016] NSWDC 413

The offender committed very serious sexual offences against his six year old granddaughter, involving a grave breach of trust, offending in his home, a very young victim, significant foreseeable harm, no remorse, and no finding of good prospects of rehabilitation. Although subjective factors including age, first time in custody and possible onerous custody conditions were taken into account, general deterrence and the objective seriousness of the offending required a substantial aggregate sentence, with special circumstances justifying a non-parole period less than the ordinary statutory ratio.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdicts of Guilty
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 7.5 years with a head sentence of 11 years.
Legal Topics
['indecent Assault' 'sexual Intercourse Without Consent' 'child Sexual Offences' 'complainant Under Authority of Offender' 'breach of Trust' 'general Deterrence' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['indecent Assault' 'sexual Intercourse Without Consent' 'child Sexual Offences' 'complainant Under Authority of Offender' 'breach of Trust' 'general Deterrence' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for indecent assault and sexual intercourse offences against a six year old complainant by her grandfather.' "How the objective seriousness of each offence should be assessed, including the complainant's age, the nature of the sexual conduct, breach of trust, and the fact the offences occurred in the offender's home." 'Whether standard non-parole periods should be imposed.' 'Whether any subjective matters, including age, health, custody conditions, family hardship, absence of remorse and prospects of rehabilitation, affected sentence.']

Ratio Decidendi

The offender committed very serious sexual offences against his six year old granddaughter, involving a grave breach of trust, offending in his home, a very young victim, significant foreseeable harm, no remorse, and no finding of good prospects of rehabilitation. Although subjective factors including age, first time in custody and possible onerous custody conditions were taken into account, general deterrence and the objective seriousness of the offending required a substantial aggregate sentence, with special circumstances justifying a non-parole period less than the ordinary statutory ratio.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 7.5 years with a head sentence of 11 years.

Orders

  • ['The aggregate sentence consists of a non-parole period of seven and a half years and a head sentence of eleven years to date from 29 October 2016.' 'The non-parole period will expire on 28 April 2024, on which day the offender is eligible to be released to parole.']