R v Grimmer [2020] NSWDC 63

R v Grimmer [2020] NSWDC 63

The offences were serious indecent assaults of a 14-year-old by an adult known to her as a father figure, involving a significant age difference, breach of trust, isolation, touching under clothing and, for one offence, offending on a boat away from shore. The first two offences were at the mid-range of objective seriousness and the third was just below mid-range. Although the offender had little prior criminal history and some limited and evolving insight, the seriousness of the offending meant the section 5 threshold was crossed and no penalty other than imprisonment was appropriate. Allowing a 12.5% discount for the late guilty pleas, applying totality, and finding special...

Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of full-time imprisonment for 3 years and 2 months, with a non-parole period of 2 years.
Legal Topics
['indecent Assault Person Under 16 Years of Age' 'late Plea of Guilty' 'objective Seriousness' 'general Deterrence' 'remorse and Prospects of Rehabilitation' 'totality' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['indecent Assault Person Under 16 Years of Age' 'late Plea of Guilty' 'objective Seriousness' 'general Deterrence' 'remorse and Prospects of Rehabilitation' 'totality' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["What discount should be allowed for the offender's late pleas of guilty." 'The objective seriousness of each offence of indecent assault person under 16 years of age.' 'Whether general deterrence and personal deterrence were significant sentencing considerations.' "The extent of the offender's remorse, insight and prospects of rehabilitation." 'Whether the section 5 threshold under the Crimes (Sentencing Procedure) Act 1999 was crossed so that no penalty other than imprisonment was appropriate.' 'How the totality principle should apply to three offences, including whether sentences should be concurrent or cumulative.' 'Whether there were special circumstances justifying departure from the standard non-parole period.']

Ratio Decidendi

The offences were serious indecent assaults of a 14-year-old by an adult known to her as a father figure, involving a significant age difference, breach of trust, isolation, touching under clothing and, for one offence, offending on a boat away from shore. The first two offences were at the mid-range of objective seriousness and the third was just below mid-range. Although the offender had little prior criminal history and some limited and evolving insight, the seriousness of the offending meant the section 5 threshold was crossed and no penalty other than imprisonment was appropriate. Allowing a 12.5% discount for the late guilty pleas, applying totality, and finding special...

Court Disposition

The offender was convicted and sentenced to an aggregate term of full-time imprisonment for 3 years and 2 months, with a non-parole period of 2 years.

Orders

  • ['The offender is convicted of three offences of indecent assault person under 16 years of age, contrary to s 61M(2) of the Crimes Act 1900.' 'The offender is sentenced to an aggregate term of imprisonment for 3 years, 2 months, commencing 27 March 2020.' 'A non-parole period of 2 years is imposed, expiring on 26...