R v Wood [2011] NSWDC 244

R v Wood [2011] NSWDC 244

The effective sentence of 7 years 6 months imprisonment with a non-parole period of 3 years and 9 months was warranted because the offences against three child victims were serious sexual offences involving breaches of trust, vulnerable young victims and significant harm, while the sentence also had to allow for the early guilty pleas, remorse, lack of prior convictions, low risk of re-offending if treated, good rehabilitation prospects, Form 1 matters, accumulation between counts and special circumstances.

Jurisdiction
Australia
Judgment Date
23 November 2011
Procedural Posture
Criminal Sentence for Aggravated Indecent Assault and Aggravated Sexual Assault / Committed for Sentence After Pleas of Guilty
Outcome
Effective sentence of 7 years 6 months imprisonment with a non-parole period of 3 years and 9 months; eligible for release to parole on 22 August 2015.
Legal Topics
['sexual Assault' 'aggravated Indecent Assault' 'historical Offences' 'child Sexual Offences' 'standard Non Parole Periods' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['sexual Assault' 'aggravated Indecent Assault' 'historical Offences' 'child Sexual Offences' 'standard Non Parole Periods' 'guilty Plea Discount' 'special Circumstances']

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Procedural Posture

Criminal Sentence for Aggravated Indecent Assault and Aggravated Sexual Assault / Committed for Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for four principal counts of aggravated indecent assault and aggravated sexual assault, taking Form 1 matters into account.' "How the objective seriousness of the offences, including victims' ages, breach of trust, offending in victims' homes, and victim impact, should affect sentence." "What weight should be given to the offender's guilty pleas, remorse, lack of prior convictions, rehabilitation prospects and risk of re-offending." 'Whether special circumstances justified adjustment of the non-parole period.']

Ratio Decidendi

The effective sentence of 7 years 6 months imprisonment with a non-parole period of 3 years and 9 months was warranted because the offences against three child victims were serious sexual offences involving breaches of trust, vulnerable young victims and significant harm, while the sentence also had to allow for the early guilty pleas, remorse, lack of prior convictions, low risk of re-offending if treated, good rehabilitation prospects, Form 1 matters, accumulation between counts and special circumstances.

Court Disposition

Effective sentence of 7 years 6 months imprisonment with a non-parole period of 3 years and 9 months; eligible for release to parole on 22 August 2015.

Orders

  • ['For Count 1, the offender is sentenced to a fixed term of imprisonment of 2 years 3 months from 23 November 2011 to 22 February 2014.' 'For Count 2, the offender is sentenced to a fixed term of imprisonment of 3 years, commencing on 23 November 2012, with a non-parole period expiring on 22 November 2014 and the...