R v Rose [2022] NSWDC 705

R v Rose [2022] NSWDC 705

The seriousness of the offender's maintenance of an unlawful sexual relationship with a child, involving repetitive acts over approximately two years, significant breach of trust, and substantial harm to the victim, warranted a sentence of 15 years imprisonment with a 9-year non-parole period, balancing aggravating features with the mitigating circumstance of the offender's advanced age and lack of further offending, but giving little weight to prior good character where it facilitated offending.

Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Criminal / Sentencing After Trial Verdict
Outcome
Offender sentenced to 15 years imprisonment with a non-parole period of 9 years.
Legal Topics
['persistent Sexual Abuse of a Child' 'unlawful Sexual Relationship With a Child' 'carnal Knowledge' 'sentencing Principles' 'aggravating and Mitigating Features']
['criminal Law'] ['persistent Sexual Abuse of a Child' 'unlawful Sexual Relationship With a Child' 'carnal Knowledge' 'sentencing Principles' 'aggravating and Mitigating Features']

Case Brief

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Procedural Posture

Criminal / Sentencing After Trial Verdict

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of maintaining an unlawful sexual relationship with a child under s 66EA(1) of the Crimes Act 1900 (NSW)?' "How should aggravating and mitigating factors, including the offender's age and lack of prior convictions, be taken into account in sentencing?" 'What is the objective seriousness of the offending conduct in this case?']

Ratio Decidendi

The seriousness of the offender's maintenance of an unlawful sexual relationship with a child, involving repetitive acts over approximately two years, significant breach of trust, and substantial harm to the victim, warranted a sentence of 15 years imprisonment with a 9-year non-parole period, balancing aggravating features with the mitigating circumstance of the offender's advanced age and lack of further offending, but giving little weight to prior good character where it facilitated offending.

Court Disposition

Offender sentenced to 15 years imprisonment with a non-parole period of 9 years.

Orders

  • ['Colin Rose is sentenced to a term of imprisonment of 15 years.' 'A non-parole period of 9 years is fixed.' 'The commencement date for the sentence and non-parole period is 6 May 2022.' 'The non-parole period will expire on 5 May 2031 and the balance of the term will expire on 5 May 2037.']