R v Darling (a pseudonym) [2019] NSWDC 784

R v Darling (a pseudonym) [2019] NSWDC 784

The offender was sentenced to an aggregate term of imprisonment of 5 years 6 months, with a non-parole period of 4 years, for three indecent assaults on persons under 16 years, having regard to the objective seriousness of the offences, aggravating factors (commission in the victims' homes), lack of remorse, and limited prospects of rehabilitation, with a 25% discount for an early plea of guilty.

Parties
Crown: Regina; Offender: Mr Darling (a pseudonym)
Jurisdiction
Australia
Judgment Date
12 December 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
Indecent Assault, Child Sexual Offences, Sentencing
Criminal Law Indecent Assault Child Sexual Offences Sentencing

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Parties

Regina

Crown

Mr Darling (a pseudonym)

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple counts of indecent assault on a person under 16 years, contrary to Crimes Act 1900 (NSW) s61M(2)
  2. 2 Application of sentencing principles including non-parole period, aggregate sentences, and discount for early plea
  3. 3 Assessment of objective seriousness and aggravating/mitigating factors

Ratio Decidendi

The offender was sentenced to an aggregate term of imprisonment of 5 years 6 months, with a non-parole period of 4 years, for three indecent assaults on persons under 16 years, having regard to the objective seriousness of the offences, aggravating factors (commission in the victims' homes), lack of remorse, and limited prospects of rehabilitation, with a 25% discount for an early plea of guilty.

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • Aggregate sentence of 5 years 6 months imprisonment
  • Non-parole period of 4 years imprisonment from 20 February 2019 to 19 February 2023