R v Bradshaw (a pseudonym) [2021] NSWDC 476

R v Bradshaw (a pseudonym) [2021] NSWDC 476

For sentencing under s66EA(1), the court must consider the totality of the unlawful sexual conduct, including all particularised ingredient offences, in assessing the objective seriousness, rather than limiting consideration only to the threshold number of acts required to constitute the offence.

Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 12 years with a non-parole period of 9 years imposed.
Legal Topics
['maintaining an Unlawful Sexual Relationship With a Child' 'persistent Sexual Abuse of a Child' 'sentencing']
['criminal Law'] ['maintaining an Unlawful Sexual Relationship With a Child' 'persistent Sexual Abuse of a Child' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Proper sentencing approach under s66EA(1) of the Crimes Act 1900 (NSW) for maintaining an unlawful sexual relationship with a child' 'Effect of legislative amendments to s66EA(1) post-2018 on sentencing and offence ingredients' 'Assessment of objective seriousness and aggravating circumstances in child sexual abuse offences']

Ratio Decidendi

For sentencing under s66EA(1), the court must consider the totality of the unlawful sexual conduct, including all particularised ingredient offences, in assessing the objective seriousness, rather than limiting consideration only to the threshold number of acts required to constitute the offence.

Court Disposition

Aggregate term of imprisonment of 12 years with a non-parole period of 9 years imposed.

Orders

  • ['Aggregate sentence of 12 years imprisonment imposed for two counts of persistent sexual abuse of a child.' 'Non-parole period fixed at 9 years, commencing 13 February 2020 and expiring on 12 February 2029.' 'Balance of 3 years from 13 February 2029 to 12 February 2032.']