R v BARBARIN [2018] NSWDC 508

R v BARBARIN [2018] NSWDC 508

Given the objective seriousness at the lower end for indecent assault, the offender's early guilty pleas, absence of prior convictions, psychiatric history of bipolar disorder, genuine remorse, and special circumstances, an aggregate sentence of 3 years with a non-parole period of 18 months is appropriate, reflecting partial concurrence of charges and the utilitarian discount.

Parties
Offender: Jean Francois Barbarin; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Criminal / Sentence After Committal for Sentence Following Pleas of Guilty in the Local Court
Outcome
Aggregate term of imprisonment of 3 years imposed; non-parole period of 18 months; indicative sentences of 18 months for each count; parole directed at expiration of non-parole period subject to deportation.
Legal Topics
Indecent Assault, Sentencing, Aggregated Sentencing, Utilitarian Discount, General Deterrence, Objective Seriousness
Criminal Law Indecent Assault Sentencing Aggregated Sentencing Utilitarian Discount General Deterrence Objective Seriousness

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Parties

Jean Francois Barbarin

Offender

The Crown

Prosecution

Procedural Posture

Criminal / Sentence After Committal for Sentence Following Pleas of Guilty in the Local Court

Legal Issues

  1. 1 What is the appropriate sentence for five counts of indecent assault under s 61L of the Crimes Act 1900 (NSW)?
  2. 2 Does the offender's psychiatric condition affect the assessment of general and specific deterrence?
  3. 3 What is the objective and subjective seriousness of the offending?

Ratio Decidendi

Given the objective seriousness at the lower end for indecent assault, the offender's early guilty pleas, absence of prior convictions, psychiatric history of bipolar disorder, genuine remorse, and special circumstances, an aggregate sentence of 3 years with a non-parole period of 18 months is appropriate, reflecting partial concurrence of charges and the utilitarian discount.

Court Disposition

Aggregate term of imprisonment of 3 years imposed; non-parole period of 18 months; indicative sentences of 18 months for each count; parole directed at expiration of non-parole period subject to deportation.

Orders

  • Aggregate sentence of 3 years commencing 17 November 2017, expiring 16 November 2020.
  • Aggregate non-parole period of 18 months commencing 17 November 2017, expiring 16 May 2019.