R v Kerr [2019] NSWDC 680

R v Kerr [2019] NSWDC 680

Given the seriousness, repeated offending against a child in care, aggravating circumstances, and form 1 matters, but also considering early plea, remorse, subjective factors and standard non-parole period as a guide, an aggregate sentence of seven years and nine months with a non-parole period of five years is appropriate.

Parties
Offender: Mark Kerr; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Sentence / Decision
Outcome
Offender sentenced to imprisonment for an aggregate period.
Legal Topics
Sentencing, Indecent Assault of Child, Form 1 Offences, Aggregate Sentences, Standard Non Parole Period, Guilty Plea, Objective Seriousness, Victim Impact, Totality and Accumulation, Special Circumstances
Criminal Law Sentencing Indecent Assault of Child Form 1 Offences Aggregate Sentences Standard Non Parole Period Guilty Plea Objective Seriousness +3 more

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Parties

Mark Kerr

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Sentence / Decision

Legal Issues

  1. 1 Appropriate aggregate sentence for multiple indecent assault offences against a child
  2. 2 Application of standard non-parole period and statutory maximums under repealed s 61M(2) Crimes Act 1900
  3. 3 Significance of early guilty plea, past record, and Form 1 offences in sentencing

Ratio Decidendi

Given the seriousness, repeated offending against a child in care, aggravating circumstances, and form 1 matters, but also considering early plea, remorse, subjective factors and standard non-parole period as a guide, an aggregate sentence of seven years and nine months with a non-parole period of five years is appropriate.

Court Disposition

Offender sentenced to imprisonment for an aggregate period.

Orders

  • Aggregate sentence of seven years nine months.
  • Non-parole period of five years. Offender eligible for parole on 1 August 2023.