R v Bielecki [2024] NSWDC 351

R v Bielecki [2024] NSWDC 351

An aggregate sentence of 2 years and 11 months imprisonment is appropriate for the two counts of indecent assault and one count of detaining for advantage, all occurring in a domestic relationship and involving serious conduct. The total sentence is justified by the objective seriousness of the offences, the defendant's lack of genuine remorse, and the need for deterrence, but the sentence should be served as an Intensive Correction Order with community service and supervision because of rehabilitation prospects, support, and community safety considerations.

Parties
Crown: Rex; Offender: Martin Bielecki
Jurisdiction
Australia
Judgment Date
14 August 2024
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 2 years and 11 months imprisonment imposed, to be served by way of intensive correction order with 600 hours community service work.
Legal Topics
Sentencing, Indecent Assault, Detain for Advantage, Intensive Correction Orders
Criminal Law Sentencing Indecent Assault Detain for Advantage Intensive Correction Orders

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Parties

Rex

Crown

Martin Bielecki

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for indecent assault and detaining for advantage
  2. 2 Application of De Simoni principle
  3. 3 Consideration of delay in arrest and plea timing

Ratio Decidendi

An aggregate sentence of 2 years and 11 months imprisonment is appropriate for the two counts of indecent assault and one count of detaining for advantage, all occurring in a domestic relationship and involving serious conduct. The total sentence is justified by the objective seriousness of the offences, the defendant's lack of genuine remorse, and the need for deterrence, but the sentence should be served as an Intensive Correction Order with community service and supervision because of rehabilitation prospects, support, and community safety considerations.

Court Disposition

Aggregate sentence of 2 years and 11 months imprisonment imposed, to be served by way of intensive correction order with 600 hours community service work.

Orders

  • The offender is convicted.
  • Aggregate sentence of 2 years and 11 months imprisonment imposed, to be served as an intensive correction order.