R v John Sidney Denham [2019] NSWDC 212

R v John Sidney Denham [2019] NSWDC 212

An aggregate sentence of imprisonment for 13 years (non-parole period 7 years and 6 months) is appropriate having regard to the seriousness of the child sexual offences, the offender's antecedents, the aggravating features, and the need for both general and specific deterrence, as well as applying the principle of totality in light of the offender’s current sentences and the medical/age factors.

Parties
Prosecutor: Director of Public Prosecutions (Crown); Offender: John Sidney Denham
Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Full-time custodial sentence imposed.
Legal Topics
Sentencing, Child Sexual Offences, Aggregate Sentencing, Historical Offences
Criminal Law Sentencing Child Sexual Offences Aggregate Sentencing Historical Offences

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

John Sidney Denham

Offender

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 How should historical child sexual offences be sentenced in light of current sentencing practices, the seriousness of the offending, and the principles of totality and proportionality?
  2. 2 What weight should be given to the offender’s age, health, prior convictions, and absence of remorse in determining sentence?

Ratio Decidendi

An aggregate sentence of imprisonment for 13 years (non-parole period 7 years and 6 months) is appropriate having regard to the seriousness of the child sexual offences, the offender's antecedents, the aggravating features, and the need for both general and specific deterrence, as well as applying the principle of totality in light of the offender’s current sentences and the medical/age factors.

Court Disposition

Full-time custodial sentence imposed.

Orders

  • Offender convicted of four counts: three indecent assaults (s 81) and one buggery (s 79) against XX between 1981 and 1982.
  • Aggregate sentence: 13 years imprisonment.