R v KSC (No 4) [2008] NSWDC 325

R v KSC (No 4) [2008] NSWDC 325

The sexual offence was extremely serious despite its age because it involved a child aged about ten or eleven, was committed by a serving police officer and figure of authority, and caused lasting harm. Sentencing practice at the time of the offence, prior good character, the offender's likely harsher conditions of custody, special circumstances, and his continuing anxiety and depression were taken into account, but his mental problems were not shown to have affected that offence. The common assault was a serious and violent domestic assault against a young woman who had lived in the household, warranting custody; the offender's mental disorder at the time reduced the weight of general...

Jurisdiction
Australia
Judgment Date
28 November 2008
Procedural Posture
Criminal / Sentence After Jury Verdict of Guilty on Sexual Intercourse Without Consent and Plea of Guilty on Common Assault
Outcome
Sentenced to imprisonment.
Legal Topics
['sentencing' 'sexual Assault on Child' 'common Assault' 'domestic Violence' 'person in Authority' 'former Police Officer' 'custody Conditions' 'mental Illness' 'delay in Prosecution']
['criminal Law'] ['sentencing' 'sexual Assault on Child' 'common Assault' 'domestic Violence' 'person in Authority' 'former Police Officer' 'custody Conditions' 'mental Illness' 'delay in Prosecution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence After Jury Verdict of Guilty on Sexual Intercourse Without Consent and Plea of Guilty on Common Assault

Legal Issues

  1. 1 ['What sentence should be imposed for sexual intercourse without consent with a person under the age of sixteen years committed between 1983 and 6 April 1985 by an offender who was then a serving police officer.' 'What effect should be given to the lapse of time since the sexual offence and sentencing practice at the date of the offence.' 'Whether harsher custody conditions arising from the offender being a former police officer and convicted child sex offender amounted to special circumstances affecting sentence.' "What effect the offender's mental condition should have on sentence, including general deterrence." 'What sentence should be imposed for the common assault and whether the sentences should be partly accumulated.']

Ratio Decidendi

The sexual offence was extremely serious despite its age because it involved a child aged about ten or eleven, was committed by a serving police officer and figure of authority, and caused lasting harm. Sentencing practice at the time of the offence, prior good character, the offender's likely harsher conditions of custody, special circumstances, and his continuing anxiety and depression were taken into account, but his mental problems were not shown to have affected that offence. The common assault was a serious and violent domestic assault against a young woman who had lived in the household, warranting custody; the offender's mental disorder at the time reduced the weight of general...

Court Disposition

Sentenced to imprisonment.

Orders

  • ['On the charge of sexual intercourse without consent with a person under the age of sixteen years, the offender is sentenced to a non-parole period of three years commencing 16 June 2008 and expiring 15 June 2011, with a total term of five years expiring 15 June 2013.' 'On the charge of common assault, the offender...