Regina v Andrew Dean MCINTOSH [2011] NSWDC 160

Regina v Andrew Dean MCINTOSH [2011] NSWDC 160

Given the persistent and grave sexual and violent offending against multiple child victims over an extended period, absence of remorse, high risk of re-offending, and the need to protect the community, an aggregate sentence of 32 years with a non parole period of 20 years was appropriate and proportionate under established sentencing principles, including totality and proportionality.

Jurisdiction
Australia
Judgment Date
22 August 2011
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Aggregate sentence of 32 years' imprisonment with a non-parole period of 20 years imposed.
Legal Topics
['sentencing' 'sexual Offences Against Children' 'aggravated Indecent Assault' 'gross Indecency' 'buggery' 'homosexual Intercourse With a Minor' 'assault Occasioning Actual Bodily Harm']
['criminal Law'] ['sentencing' 'sexual Offences Against Children' 'aggravated Indecent Assault' 'gross Indecency' 'buggery' 'homosexual Intercourse With a Minor' 'assault Occasioning Actual Bodily Harm']

Case Brief

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Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple historic child sexual offences?' 'How should principles of proportionality, totality, and the protection of society inform the aggregate sentence?' 'What weight should be given to the risk of re-offending and the absence of remorse?']

Ratio Decidendi

Given the persistent and grave sexual and violent offending against multiple child victims over an extended period, absence of remorse, high risk of re-offending, and the need to protect the community, an aggregate sentence of 32 years with a non parole period of 20 years was appropriate and proportionate under established sentencing principles, including totality and proportionality.

Court Disposition

Aggregate sentence of 32 years' imprisonment with a non-parole period of 20 years imposed.

Orders

  • ["Aggregate sentence of 32 years' imprisonment; non-parole period of 20 years." 'Sentences formally commence on 28th December 2008.' 'Deduction of 41 days for time served following first arrest.' 'Eligibility for parole on 27th December 2028, subject to engagement with treatment programs.' 'Individual sentences...