R v Sorensen [2024] NSWDC 138

R v Sorensen [2024] NSWDC 138

The offences were objectively serious and warranted imprisonment because they involved repeated, deliberate recording of intimate images of two young complainants in the privacy of their home over almost two years, a serious abuse of trust, significant harm, and additional Form 1 offending. The offender's PTSD and major depressive disorder reduced moral culpability and the weight of punishment and deterrence, and his rehabilitation, remorse, low risk of reoffending, prior custody hardship and treatment needs supported serving the sentence in the community. Community safety was best served by an intensive correction order with home detention, supervision and treatment conditions, after...

Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas for Five Offences of Intentionally Record Intimate Image Without Consent and One Offence of Attempt to Intentionally Record Intimate Image Without Consent, With Additional Form 1 Offences Taken Into Account
Outcome
Sentence imposed: 2 years 7 months imprisonment to be served by way of intensive correction order, with home detention and additional treatment and monitoring conditions.
Legal Topics
['intentionally Record Intimate Image Without Consent' 'attempt' 'domestic Violence Offence' 'victim Impact Statements' 'form 1 Offences' 'intensive Correction Order' 'home Detention' 'mental Health Impairment' 'post Traumatic Stress Disorder' 'quasi Custody' 'community Safety']
['criminal Law' 'sentencing'] ['intentionally Record Intimate Image Without Consent' 'attempt' 'domestic Violence Offence' 'victim Impact Statements' 'form 1 Offences' 'intensive Correction Order' 'home Detention' 'mental Health Impairment' 'post Traumatic Stress Disorder' 'quasi Custody' 'community Safety']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas for Five Offences of Intentionally Record Intimate Image Without Consent and One Offence of Attempt to Intentionally Record Intimate Image Without Consent, With Additional Form 1 Offences Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for multiple offences of intentionally recording intimate images without consent and one attempt involving two complainants in a domestic setting.' 'How the additional Form 1 offences should affect sentence.' "Whether the offender's PTSD, major depressive disorder and substance use reduced moral culpability and the weight to be given to punishment and deterrence." 'Whether the sentence of imprisonment should be served by way of an intensive correction order rather than full-time custody.' 'What allowance should be made for presentence custody, residential rehabilitation and onerous bail conditions.']

Ratio Decidendi

The offences were objectively serious and warranted imprisonment because they involved repeated, deliberate recording of intimate images of two young complainants in the privacy of their home over almost two years, a serious abuse of trust, significant harm, and additional Form 1 offending. The offender's PTSD and major depressive disorder reduced moral culpability and the weight of punishment and deterrence, and his rehabilitation, remorse, low risk of reoffending, prior custody hardship and treatment needs supported serving the sentence in the community. Community safety was best served by an intensive correction order with home detention, supervision and treatment conditions, after...

Court Disposition

Sentence imposed: 2 years 7 months imprisonment to be served by way of intensive correction order, with home detention and additional treatment and monitoring conditions.

Orders

  • ['I impose a sentence of 2 years 7 months.' 'Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) the sentence is to be served by way of intensive correction order.' 'The standard conditions prescribed by section 73 of the Crimes (Sentencing Procedure) Act 1999 apply: the offender must not...