R v Ryan [2024] NSWDC 434

R v Ryan [2024] NSWDC 434

Given the mid-range objective seriousness, aggravating factors including breach while on parole, and absence of remorse, but considering special circumstances due to age and medical issues, no sentence other than imprisonment was appropriate; head sentence of 2 years with an NPP of 16 months imposed and finding of special circumstances made.

Parties
Crown: NSW DPP; Offender: Robert David Ryan
Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Sentence / Post Trial Sentencing
Outcome
Convicted and sentenced to 2 years' imprisonment with a non-parole period of 16 months
Legal Topics
Sentence, Fail to Comply With Reporting Obligations, Child Protection (offenders Registration) Act 2000
Criminal Law Sentence Fail to Comply With Reporting Obligations Child Protection (offenders Registration) Act 2000

Case Brief

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Parties

NSW DPP

Crown

Robert David Ryan

Offender

Procedural Posture

Sentence / Post Trial Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for failing to comply with reporting obligations under s 17(1) of the Child Protection (Offender's Registration) Act 2000?

Ratio Decidendi

Given the mid-range objective seriousness, aggravating factors including breach while on parole, and absence of remorse, but considering special circumstances due to age and medical issues, no sentence other than imprisonment was appropriate; head sentence of 2 years with an NPP of 16 months imposed and finding of special circumstances made.

Court Disposition

Convicted and sentenced to 2 years' imprisonment with a non-parole period of 16 months

Orders

  • The offender is sentenced to a term of imprisonment of 2 years from 6 April 2023 to 5 April 2025.
  • A non parole period of 16 months is imposed, expiring on 5 August 2024.