R v Brabazon [2020] NSWDC 814

R v Brabazon [2020] NSWDC 814

Given the sustained, serious sexual offending against a child over a period of years, breach of trust, lack of remorse, and uncertain prospects of rehabilitation, but accounting for evidence of the offender's mental health as 'special circumstances,' an aggregate term of 14 years imprisonment with a non-parole period of 9 years 6 months is necessary to fulfill sentencing objectives including punishment, deterrence, and protection of the community.

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to an aggregate term of 14 years imprisonment with a non-parole period of 9 years 6 months; special circumstances found due to mental health; copy of psychiatric report to be provided to Corrective Services and Justice Health.
Legal Topics
['sentencing' 'sexual Offences Against Children' 'aggregate Sentencing' 'objective Seriousness' 'remorse and Contrition' 'future Risk' 'special Circumstances']
['criminal Law'] ['sentencing' 'sexual Offences Against Children' 'aggregate Sentencing' 'objective Seriousness' 'remorse and Contrition' 'future Risk' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple sexual offences against a child committed over several years?' 'How should the court assess the objective seriousness and subjective factors, including the offender’s mental health and lack of remorse?' 'Are special circumstances present to warrant a different non-parole period?']

Ratio Decidendi

Given the sustained, serious sexual offending against a child over a period of years, breach of trust, lack of remorse, and uncertain prospects of rehabilitation, but accounting for evidence of the offender's mental health as 'special circumstances,' an aggregate term of 14 years imprisonment with a non-parole period of 9 years 6 months is necessary to fulfill sentencing objectives including punishment, deterrence, and protection of the community.

Court Disposition

Offender sentenced to an aggregate term of 14 years imprisonment with a non-parole period of 9 years 6 months; special circumstances found due to mental health; copy of psychiatric report to be provided to Corrective Services and Justice Health.

Orders

  • ["Aggregate sentence of 14 years' imprisonment with a non-parole period of 9 years 6 months imposed from 21 August 2020." 'Head sentence expires 20 August 2034; non-parole period expires 20 February 2030.' "Copy of the psychiatric report of Dr Furst to be sent to Corrective Services, Justice Health, and the...