R v Deville [2013] NSWDC 317

R v Deville [2013] NSWDC 317

Given the seriousness of the offences (sexual intercourse with a 12-13 year old as an adult resulting in pregnancy), the need to protect children, and taking account of the offender's background and plea, nothing short of a full time custodial sentence is appropriate, with partially accumulated sentences and recognition of special circumstances to promote rehabilitation and supervision upon release.

Parties
Prosecutor: The Crown; Offender: Rodney James Deville
Jurisdiction
Australia
Judgment Date
25 November 2013
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment with a non-parole period of 18 months and a head sentence of three years.
Legal Topics
Sentencing, Sexual Intercourse With Child Above 10 and Under 14, Offending Against Child in Care, Dysfunctional Background as Mitigation, Resulting Pregnancy
Criminal Law Sentencing Sexual Intercourse With Child Above 10 and Under 14 Offending Against Child in Care Dysfunctional Background as Mitigation Resulting Pregnancy

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Parties

The Crown

Prosecutor

Rodney James Deville

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse with a child above age 10 but under age 14
  2. 2 Effect of offender's dysfunctional background on sentence
  3. 3 Whether guilty plea mitigates sentence

Ratio Decidendi

Given the seriousness of the offences (sexual intercourse with a 12-13 year old as an adult resulting in pregnancy), the need to protect children, and taking account of the offender's background and plea, nothing short of a full time custodial sentence is appropriate, with partially accumulated sentences and recognition of special circumstances to promote rehabilitation and supervision upon release.

Court Disposition

Sentenced to imprisonment with a non-parole period of 18 months and a head sentence of three years.

Orders

  • On count 2: 18 months fixed term from 25 November 2013.
  • On count 4: 2 years' imprisonment, non-parole period of 12 months from 25 May 2014.