R v Shiel [2022] NSWDC 648

R v Shiel [2022] NSWDC 648

Given the objective seriousness of the offending, involving an abuse of familial trust, a significant age gap, repeated intentional sexual touching over an extended period and the youth of the victim, a full-time custodial sentence was warranted, but discounts were applied for early guilty plea and mitigating factors; strict bail conditions were treated as quasi-custody and sentence backdated accordingly; special circumstances justified a longer parole period.

Jurisdiction
Australia
Judgment Date
14 December 2022
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
['sentencing' 'sexual Offences' 'child Sexual Abuse' 'aggregate Sentencing' 'bail Conditions' 'discount for Guilty Plea']
['criminal Law'] ['sentencing' 'sexual Offences' 'child Sexual Abuse' 'aggregate Sentencing' 'bail Conditions' 'discount for Guilty Plea']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for intentionally sexually touching a child under s 66DB(a) of the Crimes Act 1900 (NSW)' 'Whether strict bail conditions should lead to a backdating of sentence (quasi-custody)' 'Assessment of objective seriousness and mitigating/aggravating factors' 'Weight to be given to prior good character in context of continuing offending' 'Whether special circumstances exist to justify longer parole period']

Ratio Decidendi

Given the objective seriousness of the offending, involving an abuse of familial trust, a significant age gap, repeated intentional sexual touching over an extended period and the youth of the victim, a full-time custodial sentence was warranted, but discounts were applied for early guilty plea and mitigating factors; strict bail conditions were treated as quasi-custody and sentence backdated accordingly; special circumstances justified a longer parole period.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • ['Offender convicted for the pleaded offences.' 'Aggregate sentence of imprisonment for 3 years 6 months commencing 9 January 2022 and expiring 8 July 2025.' 'Non-parole period of 2 years, commencing 9 January 2022, expiring 8 January 2024.' 'Earliest release to parole: 8 January 2024.']