R v Fuchsia (A pseudonym) [2024] NSWDC 611

R v Fuchsia (A pseudonym) [2024] NSWDC 611

The offender, having pleaded guilty to three historical child sexual offences and with multiple offences taken into account on Form 1, is sentenced on the basis of an overall assessment of the objective and subjective circumstances, including breach of trust, seriousness of offending, victim impact, partial contrition, low risk of reoffending, and special circumstances due to age and first period of custody. Community protection, general deterrence and denunciation outweigh the effects of delay; an aggregate sentence of imprisonment is appropriate.

Parties
Crown: Rex; Offender: Fuchsia (A pseudonym)
Jurisdiction
Australia
Judgment Date
10 December 2024
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and sentenced to an aggregate term of imprisonment of 9 years with a non-parole period of 6 years.
Legal Topics
Sentencing, Child Sexual Offences, Historical Offences, Form 1 Procedures
Criminal Law Sentencing Child Sexual Offences Historical Offences Form 1 Procedures

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Parties

Rex

Crown

Fuchsia (A pseudonym)

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for historical child sexual offences of carnal knowledge, sexual assault (digital penetration), and act of indecency; application of Form 1 procedures; assessment of objective seriousness; effect of victim impact statement; consideration of subjective factors including remorse, risk of reoffending, and delay; assessment of special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

The offender, having pleaded guilty to three historical child sexual offences and with multiple offences taken into account on Form 1, is sentenced on the basis of an overall assessment of the objective and subjective circumstances, including breach of trust, seriousness of offending, victim impact, partial contrition, low risk of reoffending, and special circumstances due to age and first period of custody. Community protection, general deterrence and denunciation outweigh the effects of delay; an aggregate sentence of imprisonment is appropriate.

Court Disposition

The offender is convicted and sentenced to an aggregate term of imprisonment of 9 years with a non-parole period of 6 years.

Orders

  • The offender is convicted.
  • Aggregate sentence of 9 years’ imprisonment commencing on 14 June 2023 and expiring on 13 June 2032.