R v Jacobs [2011] NSWDC 34

R v Jacobs [2011] NSWDC 34

The offences were serious historical sexual offences against six vulnerable boys, committed while the offender occupied and abused a position of trust and authority. Although full-time custody was required for denunciation, deterrence and punishment, the sentence was moderated by the early guilty pleas, remorse, lack of prior record, long period of good behaviour, low risk of re-offending, health issues, the offender's personal circumstances at the time of the offending, and the need to consider historical sentencing practices. Special circumstances justified a non-parole period of about sixty per cent of the head sentence. The offender was sentenced to an overall term of imprisonment of...

Jurisdiction
Australia
Judgment Date
23 March 2011
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender convicted and sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and 6 months and a total term of 9 years, with eligibility for parole on 3 September 2016.
Legal Topics
['indecent Assault' 'buggery' 'child Sexual Offences' 'historical Offences' 'guilty Plea' 'position of Trust' 'delay in Sentencing' 'special Circumstances']
['criminal Law' 'sentencing'] ['indecent Assault' 'buggery' 'child Sexual Offences' 'historical Offences' 'guilty Plea' 'position of Trust' 'delay in Sentencing' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for eleven historical sexual offences against multiple male victims committed between 1977 and 1983.' "What weight should be given to the offender's early guilty pleas, remorse, lack of criminal record, good behaviour since the offending, health issues and prospects of rehabilitation." 'How the court should take account of the delay of more than thirty years between the offending and sentence, including sentencing practices at the time of the offences.' 'Whether aggravating factors including abuse of trust or authority and victim vulnerability required substantial custodial sentences.' 'Whether special circumstances justified a non-parole period lower than the present standard proportion of the head sentence.']

Ratio Decidendi

The offences were serious historical sexual offences against six vulnerable boys, committed while the offender occupied and abused a position of trust and authority. Although full-time custody was required for denunciation, deterrence and punishment, the sentence was moderated by the early guilty pleas, remorse, lack of prior record, long period of good behaviour, low risk of re-offending, health issues, the offender's personal circumstances at the time of the offending, and the need to consider historical sentencing practices. Special circumstances justified a non-parole period of about sixty per cent of the head sentence. The offender was sentenced to an overall term of imprisonment of...

Court Disposition

Offender convicted and sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and 6 months and a total term of 9 years, with eligibility for parole on 3 September 2016.

Orders

  • ['On charge number 1, convicted and sentenced to a non-parole period of 1 year and 2 months and a total term of 2 years, both dating from 4 March 2011.' 'On charges number 2 and 3 concurrently, convicted and sentenced to a non-parole period of 1 year and 2 months and a total term of 2 years, both dating from 4...