R v BQL [2022] NSWDC 295

R v BQL [2022] NSWDC 295

Given the offender maintained an unlawful sexual relationship with a child victim aged 9 to 12 over a period of two years and eleven months, involving multiple serious sexual acts, in breach of the trust placed in him as a household member and partner to the child’s mother, a full-time custodial sentence is required. While the objective seriousness fell in the upper end of the lower range for a s 66EA offence and no force was used, the gravity, duration, escalation and context of the offending warrant a sentence of seven years and six months imprisonment with a non-parole period of four years, backdated to the date of arrest. Special circumstances are found due to language barriers and...

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Criminal / Sentencing After Jury Verdict of Guilty
Outcome
Offender sentenced to full-time imprisonment.
Legal Topics
['sentencing' 'child Sexual Offences' 'persistent Sexual Abuse of a Child']
['criminal Law'] ['sentencing' 'child Sexual Offences' 'persistent Sexual Abuse of a Child']

Case Brief

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Procedural Posture

Criminal / Sentencing After Jury Verdict of Guilty

Legal Issues

  1. 1 ['Determination of sentence for maintaining an unlawful sexual relationship with a child under s 66EA of the Crimes Act 1900' 'Assessment of objective seriousness and appropriate penalty' 'Application of special circumstances to non-parole period']

Ratio Decidendi

Given the offender maintained an unlawful sexual relationship with a child victim aged 9 to 12 over a period of two years and eleven months, involving multiple serious sexual acts, in breach of the trust placed in him as a household member and partner to the child’s mother, a full-time custodial sentence is required. While the objective seriousness fell in the upper end of the lower range for a s 66EA offence and no force was used, the gravity, duration, escalation and context of the offending warrant a sentence of seven years and six months imprisonment with a non-parole period of four years, backdated to the date of arrest. Special circumstances are found due to language barriers and...

Court Disposition

Offender sentenced to full-time imprisonment.

Orders

  • ['Convicted of maintaining an unlawful sexual relationship with a child under s 66EA of the Crimes Act 1900 for conduct between 1 January 2017 and 16 October 2020.' 'Sentenced to imprisonment for seven years and six months commencing 16 October 2020.' 'Non-parole period of four years, expiring 15 October 2024;...