R v Victor MADELEY [2018] NSWDC 35

R v Victor MADELEY [2018] NSWDC 35

The offender is to be sentenced by applying the law and sentencing patterns as they existed at the time the offences were committed. Given the multiplicity, nature, seriousness, and breach of trust of the offences, as well as the offender's lack of remorse and limited prospects of rehabilitation, a substantial full-time custodial sentence is warranted. Discounts for pleas of guilty are to be allowed at 12.5% for counts 1–15 and 25% for counts 16–22, reflecting timing and prosecution concession. An aggregate sentence is appropriate due to the concurrency expected historically and to reflect the overall criminality. Special circumstances justify a non-parole period shorter than the...

Parties
Prosecutor: Director of Public Prosecutions; Offender: Victor Madeley
Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Sentencing / Sentence Hearing and Orders
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment.
Legal Topics
Sentencing, Child Sexual Offences, Historical Offences, Aggregate Sentencing, Breach of Trust, Use of Position of Trust, Remission and Parole
Criminal Law Sentencing Child Sexual Offences Historical Offences Aggregate Sentencing Breach of Trust Use of Position of Trust Remission and Parole

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Parties

Director of Public Prosecutions

Prosecutor

Victor Madeley

Offender

Procedural Posture

Sentencing / Sentence Hearing and Orders

Legal Issues

  1. 1 What is the appropriate sentence for historical sexual offences against children committed between 1974 and 1985, considering the sentencing regime and trends at the time of offending?
  2. 2 What level of accumulation or concurrency is appropriate for multiple offences against multiple victims over a period of years?
  3. 3 How should discounts for guilty pleas be determined for these counts?

Ratio Decidendi

The offender is to be sentenced by applying the law and sentencing patterns as they existed at the time the offences were committed. Given the multiplicity, nature, seriousness, and breach of trust of the offences, as well as the offender's lack of remorse and limited prospects of rehabilitation, a substantial full-time custodial sentence is warranted. Discounts for pleas of guilty are to be allowed at 12.5% for counts 1–15 and 25% for counts 16–22, reflecting timing and prosecution concession. An aggregate sentence is appropriate due to the concurrency expected historically and to reflect the overall criminality. Special circumstances justify a non-parole period shorter than the...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment.

Orders

  • Conviction on each count to which the offender pleaded guilty.
  • Aggregate sentence of 18 years imprisonment with a non-parole period of 8 years and 6 months.