R v Mondinos [2019] NSWDC 677

R v Mondinos [2019] NSWDC 677

Given the objective seriousness of the nine sexual offences against two young victims, the breach of trust and authority in relation to MB, offending in the victims' homes, the absence of remorse or a sentencing discount, the need for general and specific deterrence, punishment, denunciation and guarded rehabilitation prospects, an aggregate sentence of 14 years imprisonment with a non-parole period of 10 years and 6 months was required, with indicative sentences identified for each count.

Jurisdiction
Australia
Judgment Date
22 February 2019
Procedural Posture
Criminal Sentencing for Sexual Offences / Sentence Following Jury Trial and Guilty Verdicts
Outcome
James Keith Mondinos was convicted on each of nine counts and sentenced to an aggregate term of imprisonment of 14 years with a non-parole period of 10 years and 6 months.
Legal Topics
['sexual Assault' 'indecent Assault' 'child Sexual Offences' 'aggravating Circumstances' 'standard Non Parole Period' 'aggregate Sentence' 'victim Impact Statements' 'rehabilitation']
['criminal Law' 'sentencing'] ['sexual Assault' 'indecent Assault' 'child Sexual Offences' 'aggravating Circumstances' 'standard Non Parole Period' 'aggregate Sentence' 'victim Impact Statements' 'rehabilitation']

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Procedural Posture

Criminal Sentencing for Sexual Offences / Sentence Following Jury Trial and Guilty Verdicts

Legal Issues

  1. 1 ['What sentences should be imposed for nine sexual offences against two child victims following jury verdicts of guilty.' 'Whether standard non-parole periods applied to the offences, including where the date range for some offences straddled legislative periods.' "Whether circumstances such as offending in the victims' homes, breach of authority, planning, remorse, rehabilitation prospects and adverse psychological consequences affected sentence." 'Whether an aggregate sentence should be imposed and what indicative sentences should be identified.']

Ratio Decidendi

Given the objective seriousness of the nine sexual offences against two young victims, the breach of trust and authority in relation to MB, offending in the victims' homes, the absence of remorse or a sentencing discount, the need for general and specific deterrence, punishment, denunciation and guarded rehabilitation prospects, an aggregate sentence of 14 years imprisonment with a non-parole period of 10 years and 6 months was required, with indicative sentences identified for each count.

Court Disposition

James Keith Mondinos was convicted on each of nine counts and sentenced to an aggregate term of imprisonment of 14 years with a non-parole period of 10 years and 6 months.

Orders

  • ['In relation to each of the nine matters, Mr Mondinos is convicted.' 'Pursuant to s 53A of the Crimes (Sentencing Procedure) Act, the offender is sentenced to an aggregate term of imprisonment consisting of a head sentence of 14 years, commencing on 7 July 2017 and expiring on 6 July 2031.' 'A non-parole period of...