R v CG [2020] NSWDC 107

R v CG [2020] NSWDC 107

Because the Offender committed repeated child sexual offences against two young relatives in breach of trust, with multiple counts in the mid-range of objective seriousness and Count 11 above mid-range, no penalty other than imprisonment was appropriate. Taking into account the guilty plea discount of 10%, limited evidence of remorse, prior good character diminished by the course of offending, good prospects of rehabilitation, low likelihood of reoffending, health issues, impact on family members, special circumstances, concurrency, accumulation, totality and s 25AA, an aggregate sentence of six years imprisonment with a non-parole period of three years and eight months was imposed.

Jurisdiction
Australia
Judgment Date
06 March 2020
Procedural Posture
Criminal Sentencing for Child Sexual Offences / Sentence Following Pleas of Guilty Entered on the First Day Listed for Trial
Outcome
The Offender was convicted on each count and sentenced to an aggregate term of six years imprisonment with a non-parole period of three years and eight months.
Legal Topics
['indecent Assault' 'acts of Indecency Toward Children' 'child Sexual Offences' 'breach of Position of Trust or Authority' 'victim Impact Statements' 'guilty Plea Discount' 'prior Good Character' 'remorse' 'rehabilitation' 'special Circumstances' 'aggregate Sentence' 'totality' 'section 25 AA of the Crimes (sentencing Procedure) Act 1999 (nsw)']
['criminal Law' 'sentencing'] ['indecent Assault' 'acts of Indecency Toward Children' 'child Sexual Offences' 'breach of Position of Trust or Authority' 'victim Impact Statements' 'guilty Plea Discount' 'prior Good Character' 'remorse' 'rehabilitation' 'special Circumstances' 'aggregate Sentence' 'totality' 'section 25 AA of the Crimes (sentencing Procedure) Act 1999 (nsw)']

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Procedural Posture

Criminal Sentencing for Child Sexual Offences / Sentence Following Pleas of Guilty Entered on the First Day Listed for Trial

Legal Issues

  1. 1 ['What sentences should be imposed for 12 child sexual offences committed against two child relatives over a period of years.' "How the objective seriousness of each count should be assessed, including breach of trust, the victims' ages, repetition of offending and aggravating circumstances under s 21A(2)(ea) and s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW)." 'What discount should be allowed for pleas of guilty entered on the first day listed for trial.' "What weight should be given to the Offender's prior good character, remorse, health, prospects of rehabilitation, likelihood of reoffending and the impact of imprisonment on family members." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and balance of term.' 'How totality, concurrency and accumulation should be applied in an aggregate sentence.' 'How s 25AA of the Crimes (Sentencing Procedure) Act 1999 (NSW) applied to sentencing patterns and understanding of trauma at the time of sentence.']

Ratio Decidendi

Because the Offender committed repeated child sexual offences against two young relatives in breach of trust, with multiple counts in the mid-range of objective seriousness and Count 11 above mid-range, no penalty other than imprisonment was appropriate. Taking into account the guilty plea discount of 10%, limited evidence of remorse, prior good character diminished by the course of offending, good prospects of rehabilitation, low likelihood of reoffending, health issues, impact on family members, special circumstances, concurrency, accumulation, totality and s 25AA, an aggregate sentence of six years imprisonment with a non-parole period of three years and eight months was imposed.

Court Disposition

The Offender was convicted on each count and sentenced to an aggregate term of six years imprisonment with a non-parole period of three years and eight months.

Orders

  • ['The Offender is convicted of each of the Counts.' 'Indicative sentences had separate sentences been imposed instead of an aggregate sentence were recorded as: Count 1, 16 months; Count 2, 14 months; Count 3, 7 months; Count 4, 7 months; Count 5, 7 months; Count 6, 16 months; Count 7, 7 months; Count 8, 13 months;...