R v RDW [2019] NSWDC 488

R v RDW [2019] NSWDC 488

The offender's repeated sexual offending against his very young daughter was objectively serious, aggravated by grave breach of parental trust, commission in the victim's home, the victim's very young age, and in some counts multiple acts and grooming-like conduct. The guilty plea warranted a 10% utilitarian discount and the offender showed some remorse, but his lack of insight, guarded rehabilitation prospects and later sexual offending against other vulnerable victims reduced leniency. Full-time imprisonment was required. Applying totality to the pre-existing sentences, the Court imposed a seven-year aggregate sentence partially concurrent and partially accumulative, with special...

Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was convicted on each of the five offences and sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years; combined with pre-existing sentences this produced an effective overall sentence of 12 years with an effective non-parole period of 9 years.
Legal Topics
['sexual Assault' 'indecent Act With a Person Under the Age of 16 Years' 'sexual Intercourse With a Person Under the Age of 16 Years' 'form 1 Offences' 'breach of Trust' 'totality' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Assault' 'indecent Act With a Person Under the Age of 16 Years' 'sexual Intercourse With a Person Under the Age of 16 Years' 'form 1 Offences' 'breach of Trust' 'totality' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Assessment of the objective seriousness of five child sexual offences and two Form 1 matters.' "Whether and how the offender's guilty plea, remorse, lack of insight, criminal history and prospects of rehabilitation affected sentence." 'Whether full-time imprisonment was required.' 'Whether the new aggregate sentence should be backdated or partially accumulated on pre-existing sentences, having regard to totality.' 'Whether special circumstances should be found in setting the non-parole period.']

Ratio Decidendi

The offender's repeated sexual offending against his very young daughter was objectively serious, aggravated by grave breach of parental trust, commission in the victim's home, the victim's very young age, and in some counts multiple acts and grooming-like conduct. The guilty plea warranted a 10% utilitarian discount and the offender showed some remorse, but his lack of insight, guarded rehabilitation prospects and later sexual offending against other vulnerable victims reduced leniency. Full-time imprisonment was required. Applying totality to the pre-existing sentences, the Court imposed a seven-year aggregate sentence partially concurrent and partially accumulative, with special...

Court Disposition

The offender was convicted on each of the five offences and sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years; combined with pre-existing sentences this produced an effective overall sentence of 12 years with an effective non-parole period of 9 years.

Orders

  • ['There is to be no publication of the name of the complainant or any material which may tend to identify the complainant.' 'In relation to each of the five offences the offender is convicted.' 'Count 1 indicative sentence: 16 months after application of a 10% utilitarian discount.' 'Count 2 indicative sentence,...