R v RJ (No.5) [2024] NSWDC 26

R v RJ (No.5) [2024] NSWDC 26

For multiple serious sexual offences by an adult against a child grandchild, aggravating factors including abuse of authority, vulnerability, offending in the home, and threats, together with the need for general deterrence and community protection, justify a substantial sentence of imprisonment; health, age, and lack of prior convictions moderate (but do not displace) severity, and concurrent/special circumstance adjustments are appropriate. An aggregate sentence is imposed reflecting overall criminality and statutory guideposts, per the totality principle.

Parties
Prosecution: Rex; Offender: RJ
Jurisdiction
Australia
Judgment Date
08 February 2024
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on 8 counts and sentenced to 16 years' imprisonment, with a non-parole period of 9 years and 7 months, commencing 20 October 2022. Eligible for parole on 19 May 2032.
Legal Topics
Sentencing, Child Sexual Offences, Sexual Intercourse With Child, Indecent Assault, Aggravated Sexual Intercourse, Abuse of Position of Trust
Criminal Law Sentencing Child Sexual Offences Sexual Intercourse With Child Indecent Assault Aggravated Sexual Intercourse Abuse of Position of Trust

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Parties

Rex

Prosecution

RJ

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple child sexual offences by offender on his granddaughter
  2. 2 Application of aggravating and mitigating factors per Crimes (Sentencing Procedure) Act 1999 (NSW)
  3. 3 Assessment of victim vulnerability, breach of trust, and family relationship context

Ratio Decidendi

For multiple serious sexual offences by an adult against a child grandchild, aggravating factors including abuse of authority, vulnerability, offending in the home, and threats, together with the need for general deterrence and community protection, justify a substantial sentence of imprisonment; health, age, and lack of prior convictions moderate (but do not displace) severity, and concurrent/special circumstance adjustments are appropriate. An aggregate sentence is imposed reflecting overall criminality and statutory guideposts, per the totality principle.

Court Disposition

Offender convicted on 8 counts and sentenced to 16 years' imprisonment, with a non-parole period of 9 years and 7 months, commencing 20 October 2022. Eligible for parole on 19 May 2032.

Orders

  • Offender convicted on counts 1, 3, 4, 5, 6, 7, 9, and 11 of the indictment.
  • Aggregate sentence of 16 years' imprisonment commencing 20 October 2022 and expiring 19 October 2038.