R v CG [2019] NSWDC 291

R v CG [2019] NSWDC 291

The offences—particularly police pursuits and taking and detaining a child—were just below the middle range of seriousness, aggravated by the vulnerability of the child, breach of trust, and offender's criminal record, but mitigated by guilty pleas, demonstrated remorse, and prospects for rehabilitation. An aggregate sentence of four years six months with a non-parole period of two years three months was appropriate given the balance of objective and subjective factors and the principle of totality.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of four years six months imprisonment with an aggregate non-parole period of two years three months.
Legal Topics
['sentencing' 'driving Offences' 'police Pursuit' 'take and Detain Child' 'aggravating Factors' 'conditional Liberty' 'abuse of Trust']
['criminal Law'] ['sentencing' 'driving Offences' 'police Pursuit' 'take and Detain Child' 'aggravating Factors' 'conditional Liberty' 'abuse of Trust']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for driving offences including police pursuit' 'Appropriate sentence for taking and detaining a child' 'Relevance of aggravating and mitigating factors in sentencing']

Ratio Decidendi

The offences—particularly police pursuits and taking and detaining a child—were just below the middle range of seriousness, aggravated by the vulnerability of the child, breach of trust, and offender's criminal record, but mitigated by guilty pleas, demonstrated remorse, and prospects for rehabilitation. An aggregate sentence of four years six months with a non-parole period of two years three months was appropriate given the balance of objective and subjective factors and the principle of totality.

Court Disposition

Aggregate sentence of four years six months imprisonment with an aggregate non-parole period of two years three months.

Orders

  • ['Aggregate sentence: 4 years 6 months commencing 29 May 2018, expiring 28 November 2022' 'Aggregate non-parole period: 2 years 3 months commencing 28 May 2018, expiring 28 August 2020' 'Eligible for parole on 28 August 2020' 'Allowance for special circumstances: 13.5 months' 'Disqualification for police pursuit...