R v Preston [2021] NSWDC 711

R v Preston [2021] NSWDC 711

An aggregate term of imprisonment is warranted for the serious and persistent offending over several months against a vulnerable minor, with discount for early plea, recognition of some remorse, prospects of rehabilitation, and special circumstances due to health, family issues, and custodial hardship. Totality principle does not apply to reduce sentence due to the significant temporal gap between the NSW and Queensland offences.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment imposed with finding of special circumstances.
Legal Topics
['sentencing' 'mitigating Factors' 'aggregate Sentence' 'non Parole Period' 'sexual Offences' 'delay' 'deterrence' 'objective Seriousness' 'form 1 Offences' 'special Circumstances']
['criminal Law'] ['sentencing' 'mitigating Factors' 'aggregate Sentence' 'non Parole Period' 'sexual Offences' 'delay' 'deterrence' 'objective Seriousness' 'form 1 Offences' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for offences of sexual intercourse with a person between ten and sixteen years under the repealed s 66C of the Crimes Act 1900' 'Consideration of mitigating and aggravating factors in sentence' 'Application of totality principle in respect to interstate offending and delay' 'Assessment of remorse, rehabilitation, and need for deterrence' 'Whether special circumstances warrant adjustment of non-parole period']

Ratio Decidendi

An aggregate term of imprisonment is warranted for the serious and persistent offending over several months against a vulnerable minor, with discount for early plea, recognition of some remorse, prospects of rehabilitation, and special circumstances due to health, family issues, and custodial hardship. Totality principle does not apply to reduce sentence due to the significant temporal gap between the NSW and Queensland offences.

Court Disposition

Aggregate term of imprisonment imposed with finding of special circumstances.

Orders

  • ['The offender is convicted of each offence.' 'Indicative sentences: Count 1 (sequence 9, with Form 1 matters): 4 years, 6 months; Count 2 (sequence 11): 3 years, 10 months; Count 3 (sequence 12): 3 years.' 'Aggregate sentence of 5 years, 3 months commencing 19 June 2020.' 'Non-parole period of 3 years, 4 months...