R v LD [2024] NSWDC 645

R v LD [2024] NSWDC 645

The offender committed multiple serious sexual offences against a child over several years, involving a significant breach of trust and age differential but without threats or gratuitous violence. Taking into account the objective and subjective factors, guilty pleas, genuine remorse, prospects of rehabilitation, hardship in custody, and relevant case law, the Court found special circumstances and imposed an aggregate term of imprisonment of 4 years 9 months with a non-parole period of 3 years.

Parties
Crown: NSW DPP; Offender: LD
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Aggravated Indecent Assault, Sexual Intercourse With Person Aged 10–16, Indecent Assault
Criminal Law Sentencing Aggravated Indecent Assault Sexual Intercourse With Person Aged 10–16 Indecent Assault

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Parties

NSW DPP

Crown

LD

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple sexual offences against a child
  2. 2 Assessment of objective seriousness and totality in sentencing
  3. 3 Consideration of remorse, prospects of rehabilitation and special circumstances

Ratio Decidendi

The offender committed multiple serious sexual offences against a child over several years, involving a significant breach of trust and age differential but without threats or gratuitous violence. Taking into account the objective and subjective factors, guilty pleas, genuine remorse, prospects of rehabilitation, hardship in custody, and relevant case law, the Court found special circumstances and imposed an aggregate term of imprisonment of 4 years 9 months with a non-parole period of 3 years.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • The offender is convicted and sentenced to an aggregate term of imprisonment of 4 years 9 months commencing 24 April 2023 and expiring 23 January 2028, with a non-parole period of 3 years expiring 23 April 2026.
  • Finding of special circumstances.