R v AB [2016] NSWDC 417

R v AB [2016] NSWDC 417

The offences were serious child sexual offences committed against the offender's stepdaughter and involved a significant breach of trust and foreseeable harm. Although the sexual intercourse count was treated as a less serious form of digital penetration than many other offences, and there were special circumstances arising from first custody and possible protective custody, a custodial sentence was required. The offender received no guilty plea discount, did not demonstrate remorse, and did not establish good prospects of rehabilitation. An aggregate sentence of 9 years with a non-parole period of 6 years was the least sentence properly reflecting the objective gravity of the offending...

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Criminal Sentence / Sentence Following Jury Verdicts of Guilty
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 6 years with a head sentence of 9 years.
Legal Topics
['indecent Assault of a Child Under the Age of 10 Years' 'sexual Intercourse Without Consent' 'child Sexual Offences' 'breach of Trust' 'standard Non Parole Period' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['indecent Assault of a Child Under the Age of 10 Years' 'sexual Intercourse Without Consent' 'child Sexual Offences' 'breach of Trust' 'standard Non Parole Period' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence Following Jury Verdicts of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for two counts of aggravated indecent assault and one count of aggravated sexual assault involving the offender's stepdaughter." "How the objective gravity of the offending, including the complainant's age and the offender's breach of trust, should be assessed." "Whether the offender's custody conditions and first time in custody amounted to special circumstances affecting the statutory ratio between the non-parole period and head sentence." 'Whether the absence of a guilty plea and remorse affected any discount and assessment of rehabilitation prospects.']

Ratio Decidendi

The offences were serious child sexual offences committed against the offender's stepdaughter and involved a significant breach of trust and foreseeable harm. Although the sexual intercourse count was treated as a less serious form of digital penetration than many other offences, and there were special circumstances arising from first custody and possible protective custody, a custodial sentence was required. The offender received no guilty plea discount, did not demonstrate remorse, and did not establish good prospects of rehabilitation. An aggregate sentence of 9 years with a non-parole period of 6 years was the least sentence properly reflecting the objective gravity of the offending...

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 6 years with a head sentence of 9 years.

Orders

  • ['The aggregate sentence consists of a non-parole period of 6 years with a head sentence of 9 years, to date from 14 September 2016.' 'The non-parole period will expire on 13 September 2022, from which date the offender is eligible to be released to parole.' 'There is to be no publication of the name of the...