R v SM [2021] NSWDC 786

R v SM [2021] NSWDC 786

The seriousness of the offender's conduct, involving aggravated sexual assaults upon his own intellectually disabled daughter while in a position of authority, with repeated acts of anal penetration and aggravating circumstances such as abuse of trust, justified an aggregate sentence significantly above mid-range, with individual indicative sentences provided and a total effective sentence reflecting the gravity, persistence, and breach of familial authority.

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment imposed; non-parole period specified.
Legal Topics
['sentencing' 'sexual Offences' 'aggravated Sexual Assault' 'sexual Assault Under Authority' 'inciting a Person to Commit a Sexual Act' 'common Assault']
['criminal Law'] ['sentencing' 'sexual Offences' 'aggravated Sexual Assault' 'sexual Assault Under Authority' 'inciting a Person to Commit a Sexual Act' 'common Assault']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of objective seriousness of sexual offences against young persons' 'Abuse of authority and position of trust in familial sexual offending' 'Appropriate sentencing for aggravated sexual assault under authority' 'Consideration of subjective factors and remorse in sentencing' 'Aggregate sentencing procedure under section 53A Crimes (Sentencing Procedure) Act 1999 (NSW)']

Ratio Decidendi

The seriousness of the offender's conduct, involving aggravated sexual assaults upon his own intellectually disabled daughter while in a position of authority, with repeated acts of anal penetration and aggravating circumstances such as abuse of trust, justified an aggregate sentence significantly above mid-range, with individual indicative sentences provided and a total effective sentence reflecting the gravity, persistence, and breach of familial authority.

Court Disposition

Aggregate term of imprisonment imposed; non-parole period specified.

Orders

  • ['Aggregate sentence of 16 years imprisonment (commencing 23 February 2021), non-parole period of 12 years.' 'Non-parole period to expire 22 February 2033; sentence to expire 22 February 2037.' 'Indicative sentences: Six months for common assault; 2 years 3 months for sexual touching; 10 years with 7 years...