R v AH [2019] NSWDC 678

R v AH [2019] NSWDC 678

The seriousness, continuity, and breach of trust in AH’s offending, balanced against personal history including youth and prior abuse, and the totality principle warrant an aggregate sentence of 12 years’ imprisonment with a non-parole period of 8 years, imposing a finding of special circumstances for extended supervision and to avoid institutionalisation.

Parties
Prosecution: The Crown; Offender: AH
Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Finding of special circumstances. Aggregate sentence imposed.
Legal Topics
Sentencing, Aggravated Sexual Intercourse, Indecent Assault, Child Pornography, Incitement of Indecency, Totality, Utilitarian Discount, Special Circumstances
Criminal Law Sentencing Aggravated Sexual Intercourse Indecent Assault Child Pornography Incitement of Indecency Totality Utilitarian Discount +1 more

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Parties

The Crown

Prosecution

AH

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for AH for multiple offences including aggravated sexual intercourse with a child, aggravated indecent assault, aggravated incitement of an act of indecency, use/produce child pornography taking into account the objective seriousness, personal circumstances, totality, utilitarian discount, and special circumstances?

Ratio Decidendi

The seriousness, continuity, and breach of trust in AH’s offending, balanced against personal history including youth and prior abuse, and the totality principle warrant an aggregate sentence of 12 years’ imprisonment with a non-parole period of 8 years, imposing a finding of special circumstances for extended supervision and to avoid institutionalisation.

Court Disposition

Convicted. Finding of special circumstances. Aggregate sentence imposed.

Orders

  • The offender is convicted on each of the 20 counts.
  • Aggregate term of imprisonment of 12 years, commencing from 9 April 2015 and expiring 8 April 2027.