R v TIMBERY [2008] NSWDC 340

R v TIMBERY [2008] NSWDC 340

The offences were extremely serious, repeated acts of physical and sexual violence motivated by control, abuse and humiliation, committed while the offender was on conditional liberty and against a background of serious prior violence. The offender's low IQ, age, claimed lack of premeditation and delay did not materially reduce his culpability, while the victim impact, risk of future violent and sexual offending and protection of society were significant sentencing considerations. Allowing for accumulation and avoiding an impermissibly crushing or preventative sentence, the Court imposed an overall term of 24 years with a non-parole period of 18 years.

Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Criminal Sentence / Sentence After Re Trial
Outcome
Sentenced to imprisonment consisting of an overall term of 24 years with a non-parole period of 18 years.
Legal Topics
['malicious Wounding' 'sexual Intercourse Without Consent' 'aggravated Sexual Intercourse Without Consent' 'maliciously Inflict Grievous Bodily Harm' 'acts of Cruelty' 'conditional Liberty' 'protection of the Community' 'preventative Detention']
['criminal Law' 'sentencing'] ['malicious Wounding' 'sexual Intercourse Without Consent' 'aggravated Sexual Intercourse Without Consent' 'maliciously Inflict Grievous Bodily Harm' 'acts of Cruelty' 'conditional Liberty' 'protection of the Community' 'preventative Detention']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Re Trial

Legal Issues

  1. 1 ['What sentences should be imposed for repeated violent and sexual offences committed against LB.' "How the offender's serious prior violent history, breaches of conditional liberty, risk of future violence and need to protect the community should affect sentence." "Whether any mitigating weight should be given to the offender's age at the time of offending, low IQ evidence, claimed lack of premeditation, delay, custody on protection, and time already served." 'How the earlier sentence imposed before the successful appeal and re-trial should be treated.']

Ratio Decidendi

The offences were extremely serious, repeated acts of physical and sexual violence motivated by control, abuse and humiliation, committed while the offender was on conditional liberty and against a background of serious prior violence. The offender's low IQ, age, claimed lack of premeditation and delay did not materially reduce his culpability, while the victim impact, risk of future violent and sexual offending and protection of society were significant sentencing considerations. Allowing for accumulation and avoiding an impermissibly crushing or preventative sentence, the Court imposed an overall term of 24 years with a non-parole period of 18 years.

Court Disposition

Sentenced to imprisonment consisting of an overall term of 24 years with a non-parole period of 18 years.

Orders

  • ['On count 1, fixed term of four years imprisonment to date from 19 May 2005.' 'On count 2, fixed term of five years imprisonment to date from 19 May 2006.' 'On count 7, fixed term of five years imprisonment to date from 19 May 2007.' 'On count 12, fixed term of six years imprisonment to date from 19 May 2008.' 'On...