R v Alfred (a pseudonym) [2022] NSWDC 494

R v Alfred (a pseudonym) [2022] NSWDC 494

A severe aggregate sentence of 11 years imprisonment with a non-parole period of 8 years 3 months is appropriate and proportionate to the objective and subjective seriousness of repeated sexual offences against three child victims by their father/stepfather. The sentence is significantly mitigated by early guilty pleas and full admissions, but is not reduced on account of special circumstances, as the gravity of the offending and need for general and specific deterrence outweigh any subjective factors. The aggregate sentence properly marks the seriousness of the crime, provides retribution, protection of the community, and vindication of the victims.

Jurisdiction
Australia
Judgment Date
23 March 2022
Procedural Posture
Sentencing / Sentence Hearing and Orders
Outcome
Offender sentenced to an aggregate term of imprisonment of 11 years with a non-parole period of 8 years 3 months.
Legal Topics
['indecent Assault of Person Under 16 Years' 'sexual Intercourse With Child Under 10 Years' 'intentionally Carrying Out Sexual Act With Child Under 10 Years' 'sentencing – Aggregate Sentence' 'sentencing – Factors for Mitigation and Aggravation' 'pleas of Guilty' 'disclosure of Unknown Offences' 'breach of Trust' 'objective Seriousness' 'victim Impact Statements']
['criminal Law'] ['indecent Assault of Person Under 16 Years' 'sexual Intercourse With Child Under 10 Years' 'intentionally Carrying Out Sexual Act With Child Under 10 Years' 'sentencing – Aggregate Sentence' 'sentencing – Factors for Mitigation and Aggravation' 'pleas of Guilty' 'disclosure of Unknown Offences' 'breach of Trust' 'objective Seriousness' 'victim Impact Statements']

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Procedural Posture

Sentencing / Sentence Hearing and Orders

Legal Issues

  1. 1 ['What sentence is appropriate for multiple sexual offences against children under 10 and under 16 by their father/stepfather?' 'What are the relevant aggravating and mitigating factors in sentencing for child sexual offences, including guilty pleas and disclosure of unknown offences?' 'Should there be a finding of special circumstances to extend the non-parole period?']

Ratio Decidendi

A severe aggregate sentence of 11 years imprisonment with a non-parole period of 8 years 3 months is appropriate and proportionate to the objective and subjective seriousness of repeated sexual offences against three child victims by their father/stepfather. The sentence is significantly mitigated by early guilty pleas and full admissions, but is not reduced on account of special circumstances, as the gravity of the offending and need for general and specific deterrence outweigh any subjective factors. The aggregate sentence properly marks the seriousness of the crime, provides retribution, protection of the community, and vindication of the victims.

Court Disposition

Offender sentenced to an aggregate term of imprisonment of 11 years with a non-parole period of 8 years 3 months.

Orders

  • ['Aggregate sentence of 11 years imprisonment imposed commencing 11 September 2020 and expiring 10 September 2031.' 'Non-parole period fixed at 8 years 3 months, expiring 10 December 2028.' 'Offender eligible for parole consideration from 10 December 2028.' 'No finding of special circumstances.' 'Sequence 1...