R v BP (No 2) [2019] NSWDC 446

R v BP (No 2) [2019] NSWDC 446

Imprisonment is the only appropriate sentence given the objective seriousness and breach of trust; sentences for both counts are wholly concurrent due to linked events and special circumstances justify variation from the standard non-parole period; delay and subjective factors warrant leniency.

Parties
Crown: Regina; Offender: BP
Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Sentence / Post Verdict Sentencing
Outcome
Offender convicted of both charges; sentenced to full-time imprisonment with non-parole periods and head sentences for each count, sentences wholly concurrent.
Legal Topics
Sentencing, Child Sexual Offences, Indecent Assault, Sexual Intercourse With Child Under Ten, Objective Seriousness, Special Circumstances, Totality Principle
Criminal Law Sentencing Child Sexual Offences Indecent Assault Sexual Intercourse With Child Under Ten Objective Seriousness Special Circumstances Totality Principle

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Parties

Regina

Crown

BP

Offender

Procedural Posture

Sentence / Post Verdict Sentencing

Legal Issues

  1. 1 Appropriate sentence for indecent assault and sexual intercourse with a child under ten
  2. 2 Assessment of objective seriousness
  3. 3 Consideration of delay between offending and sentence

Ratio Decidendi

Imprisonment is the only appropriate sentence given the objective seriousness and breach of trust; sentences for both counts are wholly concurrent due to linked events and special circumstances justify variation from the standard non-parole period; delay and subjective factors warrant leniency.

Court Disposition

Offender convicted of both charges; sentenced to full-time imprisonment with non-parole periods and head sentences for each count, sentences wholly concurrent.

Orders

  • BP convicted of indecent assault (victim under ten; s61M(2)), sentenced to non-parole of 2 years (13 Feb 2019–12 Feb 2021), head sentence 3 years (expiring 11 Dec 2022).
  • BP convicted of sexual intercourse with person under ten (s66A), sentenced to non-parole of 6 years (13 Feb 2019–12 Feb 2025), head sentence 9 years (expiring 11 Feb 2028).