R v WC [2013] NSWDC 197

R v WC [2013] NSWDC 197

The gravity of offending upon a child by a stepfather and aggravating features mandated punishment of imprisonment; assessment of objective seriousness and need for general and specific deterrence justified sentences imposed, with special circumstances found for rehabilitation and extended supervision.

Jurisdiction
Australia
Judgment Date
15 April 2013
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
['sentencing' 'aggravated Sexual Assault' 'child Sexual Offences' 'protective Custody' 'objective Seriousness' 'deterrence' 'good Character']

Case Brief

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Procedural Posture

Criminal / Sentencing

  1. 1 ['Sentencing for aggravated indecent assault involving a child' 'Objective seriousness post Muldrock' "Effect of offender's physical and mental health on sentence" 'Relevance of statistics to sentencing' 'Significance of protective custody in sentencing' 'Role of prior good character in child sex cases']

Ratio Decidendi

The gravity of offending upon a child by a stepfather and aggravating features mandated punishment of imprisonment; assessment of objective seriousness and need for general and specific deterrence justified sentences imposed, with special circumstances found for rehabilitation and extended supervision.

Court Disposition

Sentenced to imprisonment

Orders

  • ['Convicted and sentenced for count 1: term of nine months imprisonment with six months non-parole period, commencing 2 November 2012' 'Convicted and sentenced for count 2: term of five years imprisonment with three years non-parole period, commencing 2 December 2012' 'Convicted and sentenced for count 3: term of...