R v DSM [2021] NSWDC 283

R v DSM [2021] NSWDC 283

Full-time imprisonment was required because the four indecent assaults on a young victim by her grandfather were serious offences involving a significant breach of trust, substantial age disparity, and emotional harm. Although the offender had no relevant prior convictions, prior good character, age and health issues, low risk of reoffending and fairly good rehabilitation prospects, those matters carried limited weight given the seriousness of child sexual offending and the need for general deterrence. Applying totality, with significant concurrency because the offences occurred in one incident but some accumulation to recognise each indecent act, and finding special circumstances due to...

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdicts of Guilty on Counts 1 to 4 and Not Guilty on Counts 5 to 10
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a non-parole period of 3 years 6 months.
Legal Topics
['indecent Assault of Person Under 16 Years' 'child Sexual Offending' 'aggregate Sentence' 'special Circumstances' 'non Parole Period' 'breach of Trust']
['criminal Law' 'sentencing'] ['indecent Assault of Person Under 16 Years' 'child Sexual Offending' 'aggregate Sentence' 'special Circumstances' 'non Parole Period' 'breach of Trust']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdicts of Guilty on Counts 1 to 4 and Not Guilty on Counts 5 to 10

Legal Issues

  1. 1 ['What sentence should be imposed for four offences under s 61M(2) of the Crimes Act 1900 of indecent assault upon a person aged under 16 years.' 'Whether the objective seriousness of each offence required full-time imprisonment.' 'Whether special circumstances justified adjustment of the ratio between the head sentence and non-parole period.' 'How the principle of totality should apply to an aggregate sentence for four offences committed in one incident.']

Ratio Decidendi

Full-time imprisonment was required because the four indecent assaults on a young victim by her grandfather were serious offences involving a significant breach of trust, substantial age disparity, and emotional harm. Although the offender had no relevant prior convictions, prior good character, age and health issues, low risk of reoffending and fairly good rehabilitation prospects, those matters carried limited weight given the seriousness of child sexual offending and the need for general deterrence. Applying totality, with significant concurrency because the offences occurred in one incident but some accumulation to recognise each indecent act, and finding special circumstances due to...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a non-parole period of 3 years 6 months.

Orders

  • ['I find special circumstances.' 'The aggregate head sentence is 5 years 9 months imprisonment dating from 31 March 2021 and expiring on 30 December 2026.' 'The non-parole period is 3 years 6 months dating from 31 March 2021 and expiring on 30 September 2024.' 'Indicative sentence for count 1 is 3 years 6 months...