Regina v Clare [2006] NSWSC 812

Regina v Clare [2006] NSWSC 812

The Court found for sentencing that the prisoner penetrated the anus of a three-year-old child with his penis to gratify a sexual urge, that the unlawful and objectively dangerous act caused the child to vomit and aspirate food into his lungs and airways, and that this caused death. Although no intent to cause really serious injury was found, the forced anal penetration of a small child causing death placed the manslaughter in the worst case category, and the prisoner's paedophilia and repeated prior sexual offending against children placed him in the worst offender category. The maximum sentence for manslaughter was warranted; the separate sentence for aggravated sexual assault was made...

Jurisdiction
Australia
Judgment Date
11 August 2006
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdict of Guilty of Manslaughter and Plea of Guilty to Aggravated Sexual Assault Upon a Child Under the Age of Ten Years
Outcome
Prisoner sentenced to imprisonment for manslaughter and aggravated sexual assault upon a child under the age of ten years; earliest date of eligibility for parole specified as 17 July 2033.
Legal Topics
['manslaughter' 'aggravated Sexual Assault of Child' 'death Caused by Assault' 'paedophilia' 'worst Case and Worst Offender Category' 'non Parole Period' 'cumulation and Concurrency of Sentences']
['criminal Law' 'sentencing'] ['manslaughter' 'aggravated Sexual Assault of Child' 'death Caused by Assault' 'paedophilia' 'worst Case and Worst Offender Category' 'non Parole Period' 'cumulation and Concurrency of Sentences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Jury Verdict of Guilty of Manslaughter and Plea of Guilty to Aggravated Sexual Assault Upon a Child Under the Age of Ten Years

Legal Issues

  1. 1 ["What facts should be found for sentencing consistently with the jury's verdict of manslaughter." "Whether the prisoner's sexual assault caused the child's death by initiating vomiting and aspiration." 'Whether the manslaughter was within the worst case category and whether the prisoner was within the worst offender category.' 'What sentence should be imposed for aggravated sexual assault while avoiding double punishment.' "Whether sentences should be concurrent with or cumulative on existing sentences for offences against the victim's sister." 'Whether a non-parole period should be set.']

Ratio Decidendi

The Court found for sentencing that the prisoner penetrated the anus of a three-year-old child with his penis to gratify a sexual urge, that the unlawful and objectively dangerous act caused the child to vomit and aspirate food into his lungs and airways, and that this caused death. Although no intent to cause really serious injury was found, the forced anal penetration of a small child causing death placed the manslaughter in the worst case category, and the prisoner's paedophilia and repeated prior sexual offending against children placed him in the worst offender category. The maximum sentence for manslaughter was warranted; the separate sentence for aggravated sexual assault was made...

Court Disposition

Prisoner sentenced to imprisonment for manslaughter and aggravated sexual assault upon a child under the age of ten years; earliest date of eligibility for parole specified as 17 July 2033.

Orders

  • ['For manslaughter, the prisoner is sentenced to imprisonment consisting of a non-parole period of eighteen years nine months commencing on 17 October 2015 and expiring on 16 July 2033, with a balance term of six years and three months commencing on 17 July 2033; the total sentence imposed is imprisonment for twenty...