R v Vichnevskii [2024] NSWDC 599
Given the circumstances of the offending, including the vulnerability of the victim, nature of the act, lack of genuine remorse, and only equivocal cognitive impairment evidence, a sentence of 3 years and 8 months imprisonment, with a non-parole period of 2 years, is appropriate. Special circumstances are found, justifying a variation of the statutory ratio.
- Parties
- Crown: Rex; Offender: Alexander Vichnevskii
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2024
- Procedural Posture
- Criminal / Sentence
- Outcome
- Offender convicted and sentenced to imprisonment
- Legal Topics
- Sentencing, Sexual Offences, Mental Health and Cognitive Impairment, Victim Impact Statements
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rex
Crown
Alexander Vichnevskii
Offender
Procedural Posture
Criminal / Sentence
Legal Issues
- 1 Appropriate sentence for sexual intercourse without consent under s.61I Crimes Act 1900 (NSW)
- 2 Assessment of objective seriousness and role of mental health/cognitive impairment in sentencing
- 3 Assessment of remorse and moral culpability
Ratio Decidendi
Given the circumstances of the offending, including the vulnerability of the victim, nature of the act, lack of genuine remorse, and only equivocal cognitive impairment evidence, a sentence of 3 years and 8 months imprisonment, with a non-parole period of 2 years, is appropriate. Special circumstances are found, justifying a variation of the statutory ratio.
Court Disposition
Offender convicted and sentenced to imprisonment
Orders
- Sentence of 3 years and 8 months imprisonment
- Non-parole period of 2 years, commencing 12 April 2023
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment