R v Lindsay Ronald Jensen [2007] NSWDC 15

R v Lindsay Ronald Jensen [2007] NSWDC 15

The offences warranted imprisonment because the offender sexually offended against a nine-year-old child on multiple occasions while he had immediate responsibility for her welfare and occupied a position of trust and authority. Although the sexual intercourse count was below the mid range of objective seriousness and the offender had no prior convictions and was otherwise of good character, he denied responsibility, showed no interest in treatment, and his prospects of rehabilitation and reoffending could not be assessed favourably. General deterrence was important. The onerous conditions of custody and the need for supervision after release justified special circumstances, and the...

Jurisdiction
Australia
Judgment Date
16 January 2007
Procedural Posture
Criminal Sentencing for Indecent Assault and Sexual Intercourse With a Child Under 10 / Sentence After Jury Verdicts of Guilty
Outcome
Sentence of imprisonment imposed
Legal Topics
['indecent Assault on a Child Under 10' 'sexual Intercourse With a Child Under 10' 'position of Trust and Authority' 'general Deterrence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['indecent Assault on a Child Under 10' 'sexual Intercourse With a Child Under 10' 'position of Trust and Authority' 'general Deterrence' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Indecent Assault and Sexual Intercourse With a Child Under 10 / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for four counts of indecent assault on a child under ten and one count of sexual intercourse with a child under ten.' "How the offender's position of trust and immediate responsibility for the victim's welfare affected objective seriousness." 'Whether mitigating factors including no prior convictions and otherwise good character affected sentence.' "Whether the likely onerous conditions of imprisonment and the offender's first sentence of imprisonment justified special circumstances." 'Whether the sentences should be concurrent, accumulated, or partly accumulated.']

Ratio Decidendi

The offences warranted imprisonment because the offender sexually offended against a nine-year-old child on multiple occasions while he had immediate responsibility for her welfare and occupied a position of trust and authority. Although the sexual intercourse count was below the mid range of objective seriousness and the offender had no prior convictions and was otherwise of good character, he denied responsibility, showed no interest in treatment, and his prospects of rehabilitation and reoffending could not be assessed favourably. General deterrence was important. The onerous conditions of custody and the need for supervision after release justified special circumstances, and the...

Court Disposition

Sentence of imprisonment imposed

Orders

  • ['Count 1: 9 month fixed term from 18.12.06 to 17.09.07.' 'Count 2: 2 1/2 year non-parole period from 18.06.07 to 17.12.09 and 2 year balance of term expiring 17.12.11.' 'Count 3: 2 year fixed term from 18.12.06 to 17.12.08.' 'Count 4: 18 month fixed term from 18.12.06 to 17.06.08.' 'Count 5: 21 month fixed term...