R v LW [2021] NSWDC 233

R v LW [2021] NSWDC 233

Given the objective mid-range seriousness of the offending, the breach of trust, and statutory aggravation, but also considering genuine remorse, special circumstances and good prospects of rehabilitation, an aggregate sentence of 6 years and 9 months, with a non-parole period of 4 years and 3 months, was appropriate.

Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment with a non-parole period set; finding of special circumstances.
Legal Topics
['sentencing' 'sexual Offences' 'domestic Violence' 'aggravated Sexual Intercourse Without Consent' 'contravene Domestic Violence Order' 'aggravation Factors' 'remorse and Rehabilitation']
['criminal Law'] ['sentencing' 'sexual Offences' 'domestic Violence' 'aggravated Sexual Intercourse Without Consent' 'contravene Domestic Violence Order' 'aggravation Factors' 'remorse and Rehabilitation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Objective seriousness of the offending and grading within offence spectrum' 'Appropriateness and degree of accumulation in sentencing' 'Remorse and prospects of rehabilitation' 'Application of special circumstances in structuring non-parole period']

Ratio Decidendi

Given the objective mid-range seriousness of the offending, the breach of trust, and statutory aggravation, but also considering genuine remorse, special circumstances and good prospects of rehabilitation, an aggregate sentence of 6 years and 9 months, with a non-parole period of 4 years and 3 months, was appropriate.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment with a non-parole period set; finding of special circumstances.

Orders

  • ['Offender convicted on all counts.' 'Aggregate sentence of 6 years and 9 months imposed with non-parole period of 4 years and 3 months.' 'Non-parole period to commence 20 January 2020 and expire 19 April 2024; balance of term to expire 19 October 2026.' 'Offender eligible for parole at expiration of non-parole...