R v Belmore (a pseudonym) [2020] NSWDC 320

R v Belmore (a pseudonym) [2020] NSWDC 320

The court determined that a period of fulltime imprisonment was the only appropriate sentence for the offender’s crimes given the seriousness of the offences, breach of trust, and ongoing effects upon the victim, but found special circumstances justifying a shorter non-parole period due to youth and psychological issues. An aggregate sentence of 3 years, 3 months with a non-parole period of 1 year, 6 months was imposed, reflecting the early guilty plea, the offender’s prospected rehabilitation, and other subjective factors.

Parties
Crown: Regina; Offender: Mr Belmore (a pseudonym)
Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 3 years and 3 months with a non-parole period of 1 year, 6 months imposed.
Legal Topics
Sentencing, Sexual Offences, Sexual Intercourse With a Person Over 10 Years But Under 14 Years of Age
Criminal Law Sentencing Sexual Offences Sexual Intercourse With a Person Over 10 Years But Under 14 Years of Age

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Parties

Regina

Crown

Mr Belmore (a pseudonym)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for sexual intercourse with a person over 10 years but under 14 years of age contrary to s 66C(1) of the Crimes Act 1900 (NSW)?

Ratio Decidendi

The court determined that a period of fulltime imprisonment was the only appropriate sentence for the offender’s crimes given the seriousness of the offences, breach of trust, and ongoing effects upon the victim, but found special circumstances justifying a shorter non-parole period due to youth and psychological issues. An aggregate sentence of 3 years, 3 months with a non-parole period of 1 year, 6 months was imposed, reflecting the early guilty plea, the offender’s prospected rehabilitation, and other subjective factors.

Court Disposition

Aggregate term of imprisonment of 3 years and 3 months with a non-parole period of 1 year, 6 months imposed.

Orders

  • Aggregate term of imprisonment of 3 years and 3 months imposed.
  • Non-parole period of 1 year, 6 months commencing 22 May 2020 and expiring 21 November 2021.