R v RKT [2020] NSWDC 637

R v RKT [2020] NSWDC 637

The offender's repeated sexual offending against very young girls over about 18 years was serious and required substantial imprisonment. The objective seriousness of the counts varied, but was aggravated by the tender ages of the victims, offending in homes, breach of trust where not an element, threats and manipulation, repetition, and the continuing traumatic effects on victims. The offender's guilty pleas, youth during the earliest offences, difficult upbringing, some remorse, and totality warranted mitigation, including a 20% utilitarian discount and partial concurrency, but his later criminal record, long history of sexual interest in young girls, assessed risk, and the need for...

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
For each matter the offender was convicted and sentenced to an aggregate term of imprisonment consisting of a head sentence of 10 years 6 months and 13 days with a non-parole period of 7 years 3 months and 13 days.
Legal Topics
['sexual Assault Without Consent' 'indecent Assault' 'incite Act of Indecency' 'child Sexual Offences' 'victim Under Authority of Offender' 'breach of Trust' 'historical Sexual Offending' 'totality' 'utilitarian Discount' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Assault Without Consent' 'indecent Assault' 'incite Act of Indecency' 'child Sexual Offences' 'victim Under Authority of Offender' 'breach of Trust' 'historical Sexual Offending' 'totality' 'utilitarian Discount' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for multiple historical child sexual offences committed against six young girls over about 18 years.' 'How to assess the objective seriousness of each count having regard to the ages of the victims, the nature of the sexual conduct, breach of trust, opportunism, threats, and the statutory maximum penalties at the time.' 'How to apply current sentencing patterns and current understandings of the trauma of child sexual abuse under s 25AA of the Crimes (Sentencing Procedure) Act, 1999.' "What weight should be given to the offender's guilty pleas, youth at the time of the earliest offences, personal history, remorse, criminal record, risk of reoffending, delay, and totality."]

Ratio Decidendi

The offender's repeated sexual offending against very young girls over about 18 years was serious and required substantial imprisonment. The objective seriousness of the counts varied, but was aggravated by the tender ages of the victims, offending in homes, breach of trust where not an element, threats and manipulation, repetition, and the continuing traumatic effects on victims. The offender's guilty pleas, youth during the earliest offences, difficult upbringing, some remorse, and totality warranted mitigation, including a 20% utilitarian discount and partial concurrency, but his later criminal record, long history of sexual interest in young girls, assessed risk, and the need for...

Court Disposition

For each matter the offender was convicted and sentenced to an aggregate term of imprisonment consisting of a head sentence of 10 years 6 months and 13 days with a non-parole period of 7 years 3 months and 13 days.

Orders

  • ['RKT is convicted in relation to each count.' 'Pursuant to s 53A of the Crimes (Sentencing Procedure) Act, an aggregate sentence of 10 years, 6 months and 13 days is imposed, commencing on 13 August 2018 and expiring on 25 February 2029.' 'A non-parole period of 7 years, 3 months and 13 days is imposed, with the...