R v Brian Joseph Spillane [2016] NSWDC 337

R v Brian Joseph Spillane [2016] NSWDC 337

Having regard to the seriousness of the offences, the need to denounce the conduct, the limited prospects of rehabilitation, absence of remorse, and the applicable sentencing patterns at the time of offending, the Court imposed an aggregate sentence of three years imprisonment with a non-parole period of one and a half years, commencing after the current non-parole period, to reflect both the offender's criminality and ensure appropriate punishment without rendering the sentence crushing given the offender's age and prior aggregate sentences.

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted and sentenced to an aggregate term of imprisonment of 3 years, with a non-parole period of 1.5 years, to commence on 29 May 2020.
Legal Topics
['sentencing' 'indecent Assault' 'acts of Indecency' 'aggregate Sentence' 'parole' 'special Circumstances' 'sentencing Range' 'historic Offences']
['criminal Law'] ['sentencing' 'indecent Assault' 'acts of Indecency' 'aggregate Sentence' 'parole' 'special Circumstances' 'sentencing Range' 'historic Offences']

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 / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for historic indecent assault and acts of indecency offences' 'Setting of aggregate sentences and non-parole periods given prior sentencing regime' 'Application of sentencing principles for multiple victims and cumulative sentences' "Consideration of offender's age, prior good character, lack of remorse, and prospects of rehabilitation"]

Ratio Decidendi

Having regard to the seriousness of the offences, the need to denounce the conduct, the limited prospects of rehabilitation, absence of remorse, and the applicable sentencing patterns at the time of offending, the Court imposed an aggregate sentence of three years imprisonment with a non-parole period of one and a half years, commencing after the current non-parole period, to reflect both the offender's criminality and ensure appropriate punishment without rendering the sentence crushing given the offender's age and prior aggregate sentences.

Court Disposition

The offender is convicted and sentenced to an aggregate term of imprisonment of 3 years, with a non-parole period of 1.5 years, to commence on 29 May 2020.

Orders

  • ['The offender is convicted, and sentenced to an aggregate term of imprisonment of 3 years, with a non-parole period of 1 ½ years, to commence on 29 May 2020.' 'The non-parole period ends on 28 November 2021.' 'The offender is to be released on parole on 29 November 2021, subject to the previous sentences.']