R v Neal Winter [2024] NSWDC 615

R v Neal Winter [2024] NSWDC 615

The offender was sentenced to an aggregate term of ten years' imprisonment with a non-parole period of seven years and six months, based on the gravity of the sexual offences against a particularly vulnerable victim, the need for specific and general deterrence, the offender's lack of remorse or insight, and the assessment that these factors outweighed any mitigating circumstances.

Parties
Crown: ODPP (NSW); Offender: Neal Winter
Jurisdiction
Australia
Judgment Date
15 November 2024
Procedural Posture
Criminal / Sentencing After Trial by Jury
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Sexual Offences, Aggravated Sexual Assault, Vulnerable Victim, Cognitive Impairment
Criminal Law Sentencing Sexual Offences Aggravated Sexual Assault Vulnerable Victim Cognitive Impairment

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Parties

ODPP (NSW)

Crown

Neal Winter

Offender

Procedural Posture

Criminal / Sentencing After Trial by Jury

Legal Issues

  1. 1 Appropriate sentence for aggravated sexual assault and sexual offences against a victim with cognitive impairment
  2. 2 Assessment of objective seriousness and subjective factors for sentencing
  3. 3 Application of legislative guideposts including standard non-parole periods

Ratio Decidendi

The offender was sentenced to an aggregate term of ten years' imprisonment with a non-parole period of seven years and six months, based on the gravity of the sexual offences against a particularly vulnerable victim, the need for specific and general deterrence, the offender's lack of remorse or insight, and the assessment that these factors outweighed any mitigating circumstances.

Court Disposition

Convicted and sentenced

Orders

  • The offender is convicted on counts 1, 2, 4, 5, and 6.
  • The offender is sentenced to an aggregate sentence of 10 years' imprisonment, commencing on 28 March 2024 and expiring on 27 March 2034.