R v MR [2019] NSWDC 589

R v MR [2019] NSWDC 589

The offence was objectively serious and in the upper end of the middle range, given the victim was four years old, the offender was 46, the child had been left in his care, and the assault involved skin-to-skin touching of the victim's vagina, although it was brief and opportunistic. The offending in the victim's home was aggravating. The offender's mental health issues made custody more onerous and warranted moderation, but drug use at the time of offending was not mitigating. A term of imprisonment was the only appropriate penalty, with a 25% discount for the guilty plea and special circumstances justifying variation of the statutory ratio.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Sentence for Aggravated Indecent Assault / Sentence Following Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment for a total term of three years and nine months, with a non-parole period of two years and three months backdated to 29 August 2018.
Legal Topics
['indecent Assault of a Person Under 16 Years' 'objective Seriousness' 'aggravating Features' 'mental Health Issues in Sentencing' 'special Circumstances' 'non Parole Period' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['indecent Assault of a Person Under 16 Years' 'objective Seriousness' 'aggravating Features' 'mental Health Issues in Sentencing' 'special Circumstances' 'non Parole Period' 'guilty Plea Discount']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Aggravated Indecent Assault / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for indecent assault upon a person under the age of 16 years contrary to s 61M(2) of the Crimes Act.' "How the objective seriousness of the offending should be assessed, including the victim's age, the offender's authority, the nature and duration of the assault, and the opportunistic circumstances." 'Whether aggravating features were established and whether any matters would be double-counted.' "Whether the offender's adjustment disorder with depressed mood and suicidal ideation made custody more onerous and warranted moderation of sentence." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.']

Ratio Decidendi

The offence was objectively serious and in the upper end of the middle range, given the victim was four years old, the offender was 46, the child had been left in his care, and the assault involved skin-to-skin touching of the victim's vagina, although it was brief and opportunistic. The offending in the victim's home was aggravating. The offender's mental health issues made custody more onerous and warranted moderation, but drug use at the time of offending was not mitigating. A term of imprisonment was the only appropriate penalty, with a 25% discount for the guilty plea and special circumstances justifying variation of the statutory ratio.

Court Disposition

The offender was convicted and sentenced to imprisonment for a total term of three years and nine months, with a non-parole period of two years and three months backdated to 29 August 2018.

Orders

  • ['In relation to the offence of indecent assault person under the age of 16 years, the offender is convicted.' 'The offender is sentenced to a non-parole period of two years and three months to date from 29 August 2018 and expire on 28 November 2020 with a balance of term of one year and six months to expire on 28...