R v AD [2012] NSWDC 273

R v AD [2012] NSWDC 273

The accused's intellectual and physical disabilities reduced the weight of some sentencing considerations and made custody more onerous, but his prior sexual offending against children, limited insight, commission of offences while on conditional liberty, provision of cannabis to the child victim, coercion with a knife for count five, and assessed high risk of sexual recidivism required substantial weight to specific deterrence and protection of the community. Counts one and two were at the lower end of objective seriousness for their offence type, while count five was at least mid-range. A 12.5 per cent discount for the guilty pleas was appropriate because of the accused's intellectual...

Jurisdiction
Australia
Judgment Date
16 March 2012
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas on Indictment and Proceedings for Breach of S 12 Bond
Outcome
The s 12 bond was revoked and the accused was sentenced to an effective total term of imprisonment of 4 years 11 months and 7 days, with an effective non-parole period of 3 years.
Legal Topics
['possession of Child Pornography Material' 'use of Carriage Service to Transmit Child Pornography Material' 'acts of Indecency on a Child Under 16' 'incitement to Perform Act of Indecency for Producing Child Abuse Material' 'intellectual Disability and Sentencing' 'breach of Suspended Sentence Bond' 'aggravating and Mitigating Factors' 'non Parole Period']
['criminal Law' 'sentencing'] ['possession of Child Pornography Material' 'use of Carriage Service to Transmit Child Pornography Material' 'acts of Indecency on a Child Under 16' 'incitement to Perform Act of Indecency for Producing Child Abuse Material' 'intellectual Disability and Sentencing' 'breach of Suspended Sentence Bond' 'aggravating and Mitigating Factors' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas on Indictment and Proceedings for Breach of S 12 Bond

Legal Issues

  1. 1 ['What sentences should be imposed for the five offences on the indictment and for the breach of the s 12 bond.' "How the accused's intellectual and physical disabilities affected moral culpability, general deterrence, hardship in custody and specific deterrence." "Whether the accused's risk of sexual reoffending required greater weight to personal deterrence and protection of the community." 'What discount should be allowed for the utilitarian value of the guilty pleas.' 'How totality and concurrency or accumulation should be applied across the offences.']

Ratio Decidendi

The accused's intellectual and physical disabilities reduced the weight of some sentencing considerations and made custody more onerous, but his prior sexual offending against children, limited insight, commission of offences while on conditional liberty, provision of cannabis to the child victim, coercion with a knife for count five, and assessed high risk of sexual recidivism required substantial weight to specific deterrence and protection of the community. Counts one and two were at the lower end of objective seriousness for their offence type, while count five was at least mid-range. A 12.5 per cent discount for the guilty pleas was appropriate because of the accused's intellectual...

Court Disposition

The s 12 bond was revoked and the accused was sentenced to an effective total term of imprisonment of 4 years 11 months and 7 days, with an effective non-parole period of 3 years.

Orders

  • ['For the breach of the s 12 bond, the bond was revoked, the accused was convicted, and he was sentenced to 12 months imprisonment commencing 23 March 2010 and expiring 22 March 2011.' 'For counts three and four, the accused was sentenced to 1 year, 5 months and 2 weeks imprisonment on each count, concurrent with...