R v Lincoln [2023] NSWDC 68

R v Lincoln [2023] NSWDC 68

The sentences for the historical child sexual offences were determined having regard to high to upper-mid range objective seriousness, aggravating factors including violence, emotional harm, and vulnerability, but also significant mitigating factors including the offender’s good character and rehabilitation over nearly 50 years since the offences, as s 21A(5A) was not found to exclude mitigation. An aggregate sentence was appropriate to reflect the combined criminality, applying principles of totality and proportionality. A finding of special circumstances justified a reduced non-parole period. General deterrence was emphasised but specific deterrence was less significant due to age and...

Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Conviction and full-time custodial sentence imposed.
Legal Topics
['sentencing' 'child Sexual Offences' 'aggregate Sentence' 'aggravating and Mitigating Factors']
['criminal Law'] ['sentencing' 'child Sexual Offences' 'aggregate Sentence' 'aggravating and Mitigating Factors']

Case Brief

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Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 ['Assessment of objective and subjective seriousness of historical child sexual offences' 'Application of aggravating and mitigating factors under sentencing legislation' 'Whether good character should be excluded as a mitigating factor under s 21A(5A) Crimes (Sentencing Procedure) Act 1999' 'Appropriateness of aggregate sentencing under s 53A']

Ratio Decidendi

The sentences for the historical child sexual offences were determined having regard to high to upper-mid range objective seriousness, aggravating factors including violence, emotional harm, and vulnerability, but also significant mitigating factors including the offender’s good character and rehabilitation over nearly 50 years since the offences, as s 21A(5A) was not found to exclude mitigation. An aggregate sentence was appropriate to reflect the combined criminality, applying principles of totality and proportionality. A finding of special circumstances justified a reduced non-parole period. General deterrence was emphasised but specific deterrence was less significant due to age and...

Court Disposition

Conviction and full-time custodial sentence imposed.

Orders

  • ['Convicted of Count 1: indecent assault on LS contrary to s 76 of the Crimes Act 1900.' 'Convicted of Count 4: rape of LS contrary to s 63 of the Crimes Act 1900.' 'Convicted of Count 6: indecent assault on GS contrary to s 81 of the Crimes Act 1900.' 'Aggregate sentence of 10 years imprisonment imposed pursuant to...