R v Lord [2013] NSWDC 16

R v Lord [2013] NSWDC 16

Taking into account the extreme seriousness, multiple victims, breach of trust, the utility of the guilty plea, voluntary disclosures, and special circumstances, the total effective sentence imposed is 10 years' imprisonment with a non-parole period of 6 years, reflecting both general and specific deterrence, the need for community protection, and the prospects for rehabilitation subject to parole supervision.

Jurisdiction
Australia
Judgment Date
18 January 2013
Procedural Posture
Criminal / Sentence
Outcome
Conviction and total effective sentence of 10 years' imprisonment with a non-parole period of 6 years (special circumstances found); individual sentences for each count; parole supervision recommended upon release.
Legal Topics
['sentence' 'aggravated Sexual Intercourse With Child' 'aggravated Indecent Assault' 'aggravated Act of Indecency' 'breach of Trust' 'forms 1' 'guilty Plea Discount' 'breach of Authority']
['criminal Law'] ['sentence' 'aggravated Sexual Intercourse With Child' 'aggravated Indecent Assault' 'aggravated Act of Indecency' 'breach of Trust' 'forms 1' 'guilty Plea Discount' 'breach of Authority']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for multiple sexual offences against children under authority and breach of trust' "Application of guilty plea and voluntary disclosure discounts ('Ellis' discount)" 'Consideration of aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999' 'Determining totality and concurrency/accumulation of sentences' 'Proper recognition of victim impact']

Ratio Decidendi

Taking into account the extreme seriousness, multiple victims, breach of trust, the utility of the guilty plea, voluntary disclosures, and special circumstances, the total effective sentence imposed is 10 years' imprisonment with a non-parole period of 6 years, reflecting both general and specific deterrence, the need for community protection, and the prospects for rehabilitation subject to parole supervision.

Court Disposition

Conviction and total effective sentence of 10 years' imprisonment with a non-parole period of 6 years (special circumstances found); individual sentences for each count; parole supervision recommended upon release.

Orders

  • ['Convicted on all 13 counts; sentences aggregated to 10 years, non-parole period 6 years, commencing 24 October 2011' 'Special circumstances found; non-parole period reduced below statutory ratio' 'Recommendation for parole supervision including psychological/psychiatric treatment' 'No publication of any material...