R v DR [2018] NSWDC 405

R v DR [2018] NSWDC 405

The persistent sexual abuse count was well above the middle of the range of objective seriousness because it occurred over eight years, began when Ms Davis was young and vulnerable, occurred often in her home, included multiple forms of sexual intercourse, involved emotional and financial blackmail, unprotected sex, a gross abuse of trust by a stepfather, a significant age gap, and covered 18 separate sexual offences. Count 2 was above mid-range because it caused pregnancy and termination, count 3 and counts 4 to 7 were mid-range, and no special circumstances were found. After allowing a 25% discount for the guilty pleas and considering mitigating and aggravating factors, an aggregate...

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Aggregate sentence imposed.
Legal Topics
['persistent Sexual Abuse of a Child' 'aggravated Sexual Intercourse Without Consent' 'aggravated Act of Indecency' 'victim Impact' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'child Sexual Abuse']
['criminal Law' 'sentencing'] ['persistent Sexual Abuse of a Child' 'aggravated Sexual Intercourse Without Consent' 'aggravated Act of Indecency' 'victim Impact' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'child Sexual Abuse']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for persistent sexual abuse, aggravated sexual intercourse without consent and aggravated acts of indecency.' 'How the harm to Ms Davis and the other complainants should affect sentence.' "How the offender's guilty pleas, lack of prior criminal history, claimed remorse, psychological difficulties and history of being sexually assaulted should be taken into account." 'Whether special circumstances existed to justify a different non-parole period.']

Ratio Decidendi

The persistent sexual abuse count was well above the middle of the range of objective seriousness because it occurred over eight years, began when Ms Davis was young and vulnerable, occurred often in her home, included multiple forms of sexual intercourse, involved emotional and financial blackmail, unprotected sex, a gross abuse of trust by a stepfather, a significant age gap, and covered 18 separate sexual offences. Count 2 was above mid-range because it caused pregnancy and termination, count 3 and counts 4 to 7 were mid-range, and no special circumstances were found. After allowing a 25% discount for the guilty pleas and considering mitigating and aggravating factors, an aggregate...

Court Disposition

Aggregate sentence imposed.

Orders

  • ['The offender is sentenced to an aggregate head sentence of 18 years imprisonment.' 'The non-parole period is 13-and-a-half years.' 'The sentence is to date from 13 February 2017.' 'The non-parole period will expire on 12 August 2030.']