R v Givney [2020] NSWDC 353

R v Givney [2020] NSWDC 353

A full-time custodial sentence of five years, with a non-parole period of three years and three months, was imposed to reflect the seriousness of the three offences—grooming, indecent assault, and sexual intercourse with a child—while considering aggravating and mitigating factors, including prior offending, risk factors, early plea, and the principles of totality and special circumstances.

Parties
Crown: Regina; Offender: Stephen James Givney
Jurisdiction
Australia
Judgment Date
10 March 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to an aggregate five-year custodial sentence with a non-parole period of three years and three months.
Legal Topics
Sentencing, Child Sex Offences, Grooming, Indecent Assault, Sexual Intercourse With Child, Failure to Comply With Child Protection Obligations
Criminal Law Sentencing Child Sex Offences Grooming Indecent Assault Sexual Intercourse With Child Failure to Comply With Child Protection Obligations

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Parties

Regina

Crown

Stephen James Givney

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for grooming a child for unlawful sexual activity
  2. 2 Sentencing for indecent assault of a person under 16 years
  3. 3 Sentencing for sexual intercourse with a person between 14 and 16 years

Ratio Decidendi

A full-time custodial sentence of five years, with a non-parole period of three years and three months, was imposed to reflect the seriousness of the three offences—grooming, indecent assault, and sexual intercourse with a child—while considering aggravating and mitigating factors, including prior offending, risk factors, early plea, and the principles of totality and special circumstances.

Court Disposition

Convicted and sentenced to an aggregate five-year custodial sentence with a non-parole period of three years and three months.

Orders

  • Aggregate sentence of five years commencing 25 February 2019 and expiring 24 February 2024.
  • Aggregate non-parole period of three years three months commencing 25 February 2019 and expiring 24 May 2022.