R v NC [2020] NSWDC 547

R v NC [2020] NSWDC 547

Given the objective seriousness assessed for each offence, offender's age and health, the need for general deterrence, remorse, and the finding of special circumstances, an aggregate sentence of 4 years with a non-parole period of 2 years is appropriate. The appeal against severity is dismissed and the Local Court's fixed term sentence is confirmed.

Parties
Prosecutor: DPP; Offender: NC
Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Criminal / Sentencing and Appeal Disposition
Outcome
Convicted and sentenced on four counts; appeal against severity dismissed; aggregate sentence imposed
Legal Topics
Sentencing, Child Sexual Offences, Aggravated Incite Child to Carry Out Sexual Act, Indecent Assault, Use of Child to Make Child Abuse Material, Sexual Touching
Criminal Law Sentencing Child Sexual Offences Aggravated Incite Child to Carry Out Sexual Act Indecent Assault Use of Child to Make Child Abuse Material Sexual Touching

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Parties

DPP

Prosecutor

NC

Offender

Procedural Posture

Criminal / Sentencing and Appeal Disposition

Legal Issues

  1. 1 Assessment of objective seriousness of offences
  2. 2 Whether statutory aggravating factor of vulnerability applies
  3. 3 Double counting aggravation elements

Ratio Decidendi

Given the objective seriousness assessed for each offence, offender's age and health, the need for general deterrence, remorse, and the finding of special circumstances, an aggregate sentence of 4 years with a non-parole period of 2 years is appropriate. The appeal against severity is dismissed and the Local Court's fixed term sentence is confirmed.

Court Disposition

Convicted and sentenced on four counts; appeal against severity dismissed; aggregate sentence imposed

Orders

  • Appeal from Local Court sentence is dismissed and Magistrate's orders confirmed
  • Fixed term of 12 months imprisonment for the appeal matter, dated from 15 January 2019 to 14 January 2020