R v McIver [2019] NSWDC 834

R v McIver [2019] NSWDC 834

Aggregate sentence of 9 years 6 months with a non-parole period of 5 years 8 months 28 days was imposed for historical child sexual offences, finding objective seriousness at or above midrange with aggravating features including abuse of trust, vulnerability of victims and offending in presence of other children. Prior good character was not mitigating as it enabled the offending. Delay did not significantly mitigate sentence due to lack of demonstrated prejudice. The offender's advanced age and ill-health warranted a finding of special circumstances, justifying adjustment of the parole period. Specific deterrence was reduced but general deterrence, denunciation and community protection...

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Conviction on counts 2, 5, 8 and 10; aggregate term of imprisonment imposed.
Legal Topics
['sentencing' 'child Sexual Offences' 'historical Offences' 'indecent Assault' 'buggery' 'objective Seriousness' 'aggregate Sentence' 'mitigating Factors' 'aggravating Factors']
['criminal Law'] ['sentencing' 'child Sexual Offences' 'historical Offences' 'indecent Assault' 'buggery' 'objective Seriousness' 'aggregate Sentence' 'mitigating Factors' 'aggravating Factors']

Case Brief

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Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 ['How should historical child sexual offences be sentenced given statutory changes in penalties and sentencing practices?' 'What is the appropriate assessment of objective seriousness for each count?' 'Do aggravating factors such as position of trust, vulnerability of victims, and commission in the presence of other children apply?' "Does the offender's age, ill health, good character, and delay mitigate the sentence?" 'Is an aggregate sentence appropriate, and what is the possible accumulation or concurrency of sentences?']

Ratio Decidendi

Aggregate sentence of 9 years 6 months with a non-parole period of 5 years 8 months 28 days was imposed for historical child sexual offences, finding objective seriousness at or above midrange with aggravating features including abuse of trust, vulnerability of victims and offending in presence of other children. Prior good character was not mitigating as it enabled the offending. Delay did not significantly mitigate sentence due to lack of demonstrated prejudice. The offender's advanced age and ill-health warranted a finding of special circumstances, justifying adjustment of the parole period. Specific deterrence was reduced but general deterrence, denunciation and community protection...

Court Disposition

Conviction on counts 2, 5, 8 and 10; aggregate term of imprisonment imposed.

Orders

  • ['Aggregate sentence of 9 years 6 months imprisonment from 13 September 2019.' 'Non-parole period set at 5 years, 8 months and 28 days.' 'Eligibility for parole on 9 June 2025.' 'Indicative sentences: 2 years (count 2), 2 years 3 months (count 5), 5 years (count 8), 6 years (count 10).']