R v Thompson [2022] NSWDC 483

R v Thompson [2022] NSWDC 483

The offence of sexual intercourse with a child under 10 years is objectively serious and attracts a sentence of full-time imprisonment, with mitigating factors of mental illness, advanced age, demonstrated remorse, negligible risk of reoffending, and special circumstances supporting a deviation from the statutory ratio for non-parole. A 10% discount is applied for the plea of guilty, and the sentence is further informed by the unique hardship faced by the offender in custody and her need for post-release supervision and treatment.

Parties
Crown: Regina; Offender: Elvira Rosas Thompson
Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to full-time imprisonment.
Legal Topics
Sentencing, Child Sexual Assault, Mental Illness in Sentencing, Plea of Guilty, Objective Seriousness, Remorse, Form 1 Offence
Criminal Law Sentencing Child Sexual Assault Mental Illness in Sentencing Plea of Guilty Objective Seriousness Remorse Form 1 Offence

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Parties

Regina

Crown

Elvira Rosas Thompson

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offender given a guilty plea to sexual intercourse with a child under 10 years?
  2. 2 How should mental illness affect moral culpability and sentencing?
  3. 3 Does the seriousness of the offence cross the threshold for imprisonment under section 5 of the Sentencing Act?

Ratio Decidendi

The offence of sexual intercourse with a child under 10 years is objectively serious and attracts a sentence of full-time imprisonment, with mitigating factors of mental illness, advanced age, demonstrated remorse, negligible risk of reoffending, and special circumstances supporting a deviation from the statutory ratio for non-parole. A 10% discount is applied for the plea of guilty, and the sentence is further informed by the unique hardship faced by the offender in custody and her need for post-release supervision and treatment.

Court Disposition

Offender convicted and sentenced to full-time imprisonment.

Orders

  • Offender is convicted of sexual intercourse with a child under 10 years.
  • Sentenced to full-time imprisonment of 3 years and 4 months, commencing 1 September 2022.