R v HJS [2020] NSWDC 480

R v HJS [2020] NSWDC 480

The offences involved deliberate sexual assaults against an intoxicated, sleeping and defenceless 18-year-old in the home of the offender, the father of her friend. Although count 1 was in the low range and count 2 below the middle of the range of objective seriousness, the offending was serious, involved vulnerability and breach of trust, and required punishment, general deterrence, denunciation and recognition of harm. No sentence other than imprisonment was appropriate, and because an ICO was unavailable, the sentence had to be served in full-time custody. Substantial concurrency, guilty plea discounts, special circumstances, subjective factors, time in prior custody and time at...

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Criminal Sentence / Sentence on Two Charges of Sexual Assault Under Section 61 I of the Crimes Act 1900 (nsw)
Outcome
The offender was convicted of two offences under s61I of the Crimes Act 1900 (NSW) and sentenced to an aggregate term of imprisonment of 21 months with a non-parole period of 12 months.
Legal Topics
['sexual Assault' 'sexual Intercourse Without Consent' 'indecent Assault' 'standard Non Parole Period' 'guilty Plea Discount' 'special Circumstances' 'full Time Custody']
['criminal Law' 'sentencing'] ['sexual Assault' 'sexual Intercourse Without Consent' 'indecent Assault' 'standard Non Parole Period' 'guilty Plea Discount' 'special Circumstances' 'full Time Custody']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence on Two Charges of Sexual Assault Under Section 61 I of the Crimes Act 1900 (nsw)

Legal Issues

  1. 1 ['Whether there was any sentence more appropriate than a full-time custodial sentence.' 'The objective seriousness of each sexual assault offence.' "The appropriate discounts for the offender's guilty pleas." 'Whether special circumstances should be found.' 'Whether the aggregate sentence and non-parole period should vary from the standard non-parole period.']

Ratio Decidendi

The offences involved deliberate sexual assaults against an intoxicated, sleeping and defenceless 18-year-old in the home of the offender, the father of her friend. Although count 1 was in the low range and count 2 below the middle of the range of objective seriousness, the offending was serious, involved vulnerability and breach of trust, and required punishment, general deterrence, denunciation and recognition of harm. No sentence other than imprisonment was appropriate, and because an ICO was unavailable, the sentence had to be served in full-time custody. Substantial concurrency, guilty plea discounts, special circumstances, subjective factors, time in prior custody and time at...

Court Disposition

The offender was convicted of two offences under s61I of the Crimes Act 1900 (NSW) and sentenced to an aggregate term of imprisonment of 21 months with a non-parole period of 12 months.

Orders

  • ['For the two offences under s61I of the Crimes Act the offender is convicted.' 'The offender is sentenced to a term of imprisonment with a non-parole period of 12 months to commence from 21 April 2020 and expiring on 20 April 2021, with a balance of term of 9 months expiring on 20 January 2022.' 'The first date...