R v Drenkhahn [2020] NSWDC 113

R v Drenkhahn [2020] NSWDC 113

The offender committed serious historical sexual offences against two children who trusted him, including indecent assaults and oral intercourse, and the sentence had to reflect objective seriousness, denunciation, punishment, current sentencing patterns under s 25AA, the applicable historical maximum penalties, harm to the victims, and totality across multiple offences. His age, prior good character, delay, low risk of reoffending, health, and rehabilitative prospects justified moderation and a finding of special circumstances, but not a non-custodial outcome. An aggregate sentence of four years imprisonment with a two-year non-parole period was appropriate; the firearms offences...

Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Criminal Sentencing / Sentence After Seven Day Jury Trial; Firearms Matters Dealt With on a S 166 Criminal Procedure Act 1987 Certificate Following Guilty Pleas
Outcome
Aggregate sentence of four years imprisonment with a non-parole period of two years; convictions recorded for the firearms offences with no further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['indecent Assault of Child Under 16' 'sexual Intercourse With Child Aged Between Ten and 16' 'historical Child Sexual Offences' 'victim Impact Statement' 'delay' 'multiple Offences and Totality' 'special Circumstances' 'firearms Offences']
['criminal Law' 'sentencing'] ['indecent Assault of Child Under 16' 'sexual Intercourse With Child Aged Between Ten and 16' 'historical Child Sexual Offences' 'victim Impact Statement' 'delay' 'multiple Offences and Totality' 'special Circumstances' 'firearms Offences']

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Procedural Posture

Criminal Sentencing / Sentence After Seven Day Jury Trial; Firearms Matters Dealt With on a S 166 Criminal Procedure Act 1987 Certificate Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for historical child sexual offences committed against two boys after jury verdicts of guilty.' 'What weight should be given to the maximum penalties applicable at the time of offending while applying current sentencing patterns and practices under s 25AA of the Crimes (Sentencing Procedure) Act 1999.' 'How delay between offending, charge and sentence should affect sentencing.' 'How the sentences should be structured having regard to accumulation, concurrency and totality.' 'Whether special circumstances justified a longer non-parole period.' 'What penalty should be imposed for possession of an unauthorised and unregistered .303 rifle.']

Ratio Decidendi

The offender committed serious historical sexual offences against two children who trusted him, including indecent assaults and oral intercourse, and the sentence had to reflect objective seriousness, denunciation, punishment, current sentencing patterns under s 25AA, the applicable historical maximum penalties, harm to the victims, and totality across multiple offences. His age, prior good character, delay, low risk of reoffending, health, and rehabilitative prospects justified moderation and a finding of special circumstances, but not a non-custodial outcome. An aggregate sentence of four years imprisonment with a two-year non-parole period was appropriate; the firearms offences...

Court Disposition

Aggregate sentence of four years imprisonment with a non-parole period of two years; convictions recorded for the firearms offences with no further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['For possess unauthorised firearm and possess unregistered firearm - not prohibited firearm/pistol, the offender is convicted; applying s 10A of the Crimes (Sentencing Procedure) Act 1999, no other penalty is imposed.' 'The offender is convicted in accordance with the jury verdicts.' 'Indicative sentence for count...