R v DOHERTY, Carl William [2018] NSWDC 120

R v DOHERTY, Carl William [2018] NSWDC 120

The court sentenced the offender in accordance with sentencing practices at the time of offending, allowing significant discounts for early guilty pleas and assistance, imposed an aggregate sentence reflecting overall criminality and concurrency in historical context, and acknowledged the limited relevance of good character and significant breach of trust inherent in the offender's position.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence imposed
Legal Topics
['sentencing' 'sexual Offences' 'historical Offending' 'child Sexual Assault' 'aggregate Sentence' 'assistance to Authorities' 'sentencing Practices']
['criminal Law'] ['sentencing' 'sexual Offences' 'historical Offending' 'child Sexual Assault' 'aggregate Sentence' 'assistance to Authorities' 'sentencing Practices']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for historical sexual offences against children' 'Determining sentencing trends and practices at the time of offending' 'Whether and to what extent to discount sentence for pleas of guilty and assistance' 'Application of principles of accumulation and totality in sentencing multiple offences']

Ratio Decidendi

The court sentenced the offender in accordance with sentencing practices at the time of offending, allowing significant discounts for early guilty pleas and assistance, imposed an aggregate sentence reflecting overall criminality and concurrency in historical context, and acknowledged the limited relevance of good character and significant breach of trust inherent in the offender's position.

Court Disposition

Aggregate sentence imposed

Orders

  • ['In respect of each of the matters to which the offender has pleaded guilty he is convicted.' 'The offender is sentenced to an aggregate sentence of 18 years 9 months imprisonment with a non-parole period of 8 years and 6 months commencing 1 December 2016 and expiring 31 May 2025.' 'The period on parole will be 10...