R v Ward [2021] NSWDC 779

R v Ward [2021] NSWDC 779

Given the grave breach of trust, the significant age difference, the nature of the offending involving three sexual acts against a child aged 5 or 6, and the objective seriousness assessed as mid-range for all counts, together with subjective factors including first time in custody and certain mental health disorders but no causal connection to offending, an aggregate sentence of 11 years with a non-parole period of 7 years is appropriate, backdated to account for time served, with a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
Offender sentenced to an aggregate term of imprisonment for child sexual offences.
Legal Topics
['indecent Assault on Child' 'sexual Intercourse With a Child' 'sentencing of Sexual Offences' 'standard Non Parole Periods' 'aggregate Sentencing']
['criminal Law'] ['indecent Assault on Child' 'sexual Intercourse With a Child' 'sentencing of Sexual Offences' 'standard Non Parole Periods' 'aggregate Sentencing']

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Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 ['What is the appropriate sentence for indecent assault and sexual intercourse with a child?' 'What are the aggravating and mitigating factors relevant to sentence?' 'What is the objective seriousness of each offence?' 'What is the appropriate application of standard non-parole periods and aggregate sentencing in these circumstances?']

Ratio Decidendi

Given the grave breach of trust, the significant age difference, the nature of the offending involving three sexual acts against a child aged 5 or 6, and the objective seriousness assessed as mid-range for all counts, together with subjective factors including first time in custody and certain mental health disorders but no causal connection to offending, an aggregate sentence of 11 years with a non-parole period of 7 years is appropriate, backdated to account for time served, with a finding of special circumstances.

Court Disposition

Offender sentenced to an aggregate term of imprisonment for child sexual offences.

Orders

  • ['Aggregate sentence of 11 years imprisonment imposed, commencing 19 February 2019.' 'Non-parole period of 7 years imposed, expiring 18 February 2026.' 'Additional term expires 18 February 2030.' 'Finding of special circumstances made.']