R v Pineda [2021] NSWDC 849

R v Pineda [2021] NSWDC 849

The objective and subjective seriousness of the offences, supported by the substantial harm suffered by the victim as evidenced in material beyond the Victim Impact Statement, justifies an aggregate sentence of 7 years' imprisonment with a non-parole period of 4 years. The sentence is informed by the principles of denunciation, general and specific deterrence, the breach of trust, the age difference, and credible evidence of substantial harm. Special circumstances allow for a lower ratio of non-parole period to head sentence given the offender's first custodial term, isolation, and lack of local family support.

Parties
Crown: NSW DPP; Offender: Dominador Pineda
Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years. Special circumstances found.
Legal Topics
Sentence, Sexual Offences, Sexual Intercourse With Child Under 10, Aggregate Sentence, Victim Impact Statements, Objective Seriousness
Criminal Law Sentence Sexual Offences Sexual Intercourse With Child Under 10 Aggregate Sentence Victim Impact Statements Objective Seriousness

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Parties

NSW DPP

Crown

Dominador Pineda

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Determination of appropriate sentence for two counts of sexual intercourse with a child under 10 years contrary to s 66A(1) Crimes Act 1900
  2. 2 Consideration of substantial harm aggravation based on victim impact
  3. 3 Assessment of objective and subjective seriousness and prospects for rehabilitation

Ratio Decidendi

The objective and subjective seriousness of the offences, supported by the substantial harm suffered by the victim as evidenced in material beyond the Victim Impact Statement, justifies an aggregate sentence of 7 years' imprisonment with a non-parole period of 4 years. The sentence is informed by the principles of denunciation, general and specific deterrence, the breach of trust, the age difference, and credible evidence of substantial harm. Special circumstances allow for a lower ratio of non-parole period to head sentence given the offender's first custodial term, isolation, and lack of local family support.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years. Special circumstances found.

Orders

  • Aggregate sentence of 7 years imprisonment with a non-parole period of 4 years, commencing 8 April 2020 (expires 7 April 2027; NPP expires 7 April 2024)
  • Indicative sentence for Count 1: 5 years 3 months with NPP 3 years (Form 1 matters taken into account)