R v Roberts [2019] NSWDC 510

R v Roberts [2019] NSWDC 510

The offences required imprisonment because they involved repeated indecent assaults over years, including child sexual offending and later more forceful conduct, but the aggregate sentence was moderated by the historic sentencing context for some counts, the 10% discount for belated guilty pleas, the offender's age, PTSD, lack of adult convictions, very low risk of reoffending, rehabilitation, first time in custody and likely custody hardship. Special circumstances justified a three year aggregate sentence with a two year non-parole period.

Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Criminal Sentence for Indecent Assault Offences / Sentence Following Guilty Pleas Entered on the First Day of Trial
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 2 years.
Legal Topics
['indecent Assault' 'historic Sexual Offences' 'child Sexual Offending' 'guilty Plea Discount' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['indecent Assault' 'historic Sexual Offences' 'child Sexual Offending' 'guilty Plea Discount' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence for Indecent Assault Offences / Sentence Following Guilty Pleas Entered on the First Day of Trial

Legal Issues

  1. 1 ['What sentences should be imposed for five offences of indecent assault against the same complainant, with two Form 1 offences to be taken into account.' 'How s 25AA of the Crimes (Sentencing Procedure) Act affected sentencing for the first three historic child sexual offences, and how Counts 4 and 5 should be sentenced where the complainant was about 18 years old.' 'The objective seriousness of each offence under s 76 of the Crimes Act 1900 as it operated in the 1970s.' 'Whether the offending involved the aggravating circumstance of breach of trust.' "What weight should be given to the offender's subjective circumstances, including age, PTSD, short term memory loss, lack of adult convictions, first time in custody, risk of protective custody, lack of remorse, delay since offending and rehabilitation." 'Whether an aggregate sentence with a varied statutory relationship between non-parole period and balance of term was appropriate.']

Ratio Decidendi

The offences required imprisonment because they involved repeated indecent assaults over years, including child sexual offending and later more forceful conduct, but the aggregate sentence was moderated by the historic sentencing context for some counts, the 10% discount for belated guilty pleas, the offender's age, PTSD, lack of adult convictions, very low risk of reoffending, rehabilitation, first time in custody and likely custody hardship. Special circumstances justified a three year aggregate sentence with a two year non-parole period.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 2 years.

Orders

  • ['The offender was convicted on each of the five counts.' 'The Form 1 offences attached to Counts 4 and 5 were taken into account.' "Indicative sentence for Count 1: 18 months' imprisonment." "Indicative sentence for Count 2: 18 months' imprisonment." "Indicative sentence for Count 3: 18 months' imprisonment."...