R v Ramon [2020] NSWDC 858

R v Ramon [2020] NSWDC 858

Given the seriousness of the offender's conduct—multiple sexual offences of a grave nature against vulnerable children under his authority, the need for general deterrence, and the objective and subjective circumstances—a full-time custodial aggregate sentence of nine years with a non-parole period of six years is appropriate. Special circumstances found to vary the usual ratio between head sentence and non-parole period due to it being a first period of custody and the need for supervision on release.

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of nine years with a non-parole period of six years. Special circumstances found for varying the usual ratio between head sentence and non-parole period. Indicative sentences for each count specified.
Legal Topics
['sentencing' 'child Sexual Offences' 'aggravated Sexual Intercourse' 'indecent Assault' 'aggravated Incite or Commit Act of Indecency' 'objective Seriousness' 'aggregate Sentencing']
['criminal Law'] ['sentencing' 'child Sexual Offences' 'aggravated Sexual Intercourse' 'indecent Assault' 'aggravated Incite or Commit Act of Indecency' 'objective Seriousness' 'aggregate Sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple sexual offences against children by the offender Shane Ramon?' 'How should the objective seriousness of each offence be assessed?' 'Are there special circumstances warranting deviation from the standard ratio of head sentence to non-parole period?']

Ratio Decidendi

Given the seriousness of the offender's conduct—multiple sexual offences of a grave nature against vulnerable children under his authority, the need for general deterrence, and the objective and subjective circumstances—a full-time custodial aggregate sentence of nine years with a non-parole period of six years is appropriate. Special circumstances found to vary the usual ratio between head sentence and non-parole period due to it being a first period of custody and the need for supervision on release.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of nine years with a non-parole period of six years. Special circumstances found for varying the usual ratio between head sentence and non-parole period. Indicative sentences for each count specified.

Orders

  • ['Aggregate term of imprisonment of nine years with a non-parole period of six years (23/5/20–22/5/29; NPP expires 22/5/26)' 'Special circumstances found for parole ratio' 'Indicative sentences: Count 5: 5y 6m (NPP 3y 8m); Count 7: 3y 3m (NPP 2y 1m); Count 8: 2y 1m; Count 9: 3y 6m (NPP 2y 4m); Count 10: 2y; Count...