R v Zhao [2018] NSWDC 449

R v Zhao [2018] NSWDC 449

Objective seriousness of the offending is in the mid-range and not reduced by the duration or the victim's conduct. No sentence other than full-time imprisonment is appropriate. Having regard to the late guilty plea, the Offender’s good character, psychological evidence, foreign national status, and special circumstances, the appropriate sentence is a head sentence of 26 months’ imprisonment with a non-parole period of 17 months.

Parties
Crown: Regina; Offender: Guanjie Zhao
Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
Sentencing, Indecent Assault, Plea of Guilty, Objective Seriousness, Mitigating Factors, Victim Impact, Psychiatric Considerations
Criminal Law Sentencing Indecent Assault Plea of Guilty Objective Seriousness Mitigating Factors Victim Impact Psychiatric Considerations

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Parties

Regina

Crown

Guanjie Zhao

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for assault with act of indecency under s 61L Crimes Act 1900
  2. 2 Whether complainant's conduct or vulnerability contributed to the offending
  3. 3 Weight to be given to guilty plea entered at a late stage

Ratio Decidendi

Objective seriousness of the offending is in the mid-range and not reduced by the duration or the victim's conduct. No sentence other than full-time imprisonment is appropriate. Having regard to the late guilty plea, the Offender’s good character, psychological evidence, foreign national status, and special circumstances, the appropriate sentence is a head sentence of 26 months’ imprisonment with a non-parole period of 17 months.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • The Offender is convicted of assault with act of indecency.
  • He is sentenced to 26 months' imprisonment, with a non-parole period of 17 months.