R v DM [2019] NSWDC 653

R v DM [2019] NSWDC 653

The offending was a very serious example of persistent sexual abuse of a child and fell in the lower end of the notional mid-range of objective seriousness because the offender, a mature adult and effective stepfather, repeatedly had unprotected penile-vaginal intercourse with a 14-year-old child under his authority over about four months, including in her home, causing pregnancy. The Form 1 offence had no significant impact because it involved seven photographs of the victim intrinsically connected with the primary offence. The offender's plea attracted a 15% utilitarian discount, but he showed no genuine remorse, had guarded rehabilitation prospects and required supervision. Special...

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Criminal Sentencing for Child Sex Offences / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment with a non-parole period of six years and a balance of term of two and a half years.
Legal Topics
['persistent Sexual Abuse of a Child' 'child Sexual Offences' 'form 1 Offence' 'possess Child Abuse Material' 'guilty Plea Discount' 'objective Seriousness' 'special Circumstances' 'general Deterrence']
['criminal Law' 'sentencing'] ['persistent Sexual Abuse of a Child' 'child Sexual Offences' 'form 1 Offence' 'possess Child Abuse Material' 'guilty Plea Discount' 'objective Seriousness' 'special Circumstances' 'general Deterrence']

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Procedural Posture

Criminal Sentencing for Child Sex Offences / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty plea to persistent sexual abuse of a child under s 66EA(1) of the Crimes Act." 'What weight should be given to the Form 1 offence of possess child abuse material.' "How the objective seriousness of the offending should be assessed, including the victim's age, the offender's parental role, breach of trust, repeated unprotected penile-vaginal intercourse and resulting pregnancy." "Whether the offender's subjective circumstances, substance misuse, claimed prior abuse, lack of remorse, risk of reoffending and prospects of rehabilitation mitigated sentence." 'Whether special circumstances justified a longer parole period than the statutory ratio.']

Ratio Decidendi

The offending was a very serious example of persistent sexual abuse of a child and fell in the lower end of the notional mid-range of objective seriousness because the offender, a mature adult and effective stepfather, repeatedly had unprotected penile-vaginal intercourse with a 14-year-old child under his authority over about four months, including in her home, causing pregnancy. The Form 1 offence had no significant impact because it involved seven photographs of the victim intrinsically connected with the primary offence. The offender's plea attracted a 15% utilitarian discount, but he showed no genuine remorse, had guarded rehabilitation prospects and required supervision. Special...

Court Disposition

The offender was convicted and sentenced to imprisonment with a non-parole period of six years and a balance of term of two and a half years.

Orders

  • ['DM is convicted of the offence to which he pleaded guilty.' 'Having regard to the offence on the Form 1, DM is sentenced to a term of imprisonment consisting of a non-parole period of six years and a balance of term of two and a half years.' 'The sentence commences on 25 July 2017 and expires on 24 January 2026.'...