R v Sim (No 2) [2019] NSWDC 316

R v Sim (No 2) [2019] NSWDC 316

Given the serious nature of the offender's conduct, the degree of violence, sexual offending, and the need for general deterrence and community protection, only a substantial sentence of full-time imprisonment is appropriate. An aggregate sentence of 12 years imprisonment with a non-parole period of 7 years 2 months is imposed, factoring in a 25% discount for the plea of guilty, limited mitigation, guarded prospects of rehabilitation, and special circumstances.

Parties
Crown: Regina; Offender: Jungjin Sim
Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment of 12 years with a non parole period of 7 years 2 months.
Legal Topics
Sentencing, Aggravated Robbery, Sexual Offences, Detain for Advantage, Choking With Intent, Assault
Criminal Law Sentencing Aggravated Robbery Sexual Offences Detain for Advantage Choking With Intent Assault

Case Brief

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Parties

Regina

Crown

Jungjin Sim

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple serious offences including aggravated robbery, aggravated sexual assault, detain for advantage, choking with intent, and aggravated assault.
  2. 2 Consideration of objective seriousness of each offence.
  3. 3 Consideration of aggravating and mitigating circumstances, prospects of rehabilitation, and application of sentencing discounts.

Ratio Decidendi

Given the serious nature of the offender's conduct, the degree of violence, sexual offending, and the need for general deterrence and community protection, only a substantial sentence of full-time imprisonment is appropriate. An aggregate sentence of 12 years imprisonment with a non-parole period of 7 years 2 months is imposed, factoring in a 25% discount for the plea of guilty, limited mitigation, guarded prospects of rehabilitation, and special circumstances.

Court Disposition

Aggregate term of imprisonment of 12 years with a non parole period of 7 years 2 months.

Orders

  • Aggregate sentence of 12 years imprisonment imposed.
  • Non-parole period fixed at 7 years and 2 months from 13 December 2017, expiring 12 February 2025.