R v Nussis [2023] NSWDC 178

R v Nussis [2023] NSWDC 178

All seven offences were serious. The offender, aged 27, knew the victim was 15, knew of her mental health issues, took advantage of her, and used concealed locations. The penile-vaginal offences were more serious than the digital penetration offences, and sequence 2 was more serious because it involved unprotected sex and ejaculation inside the victim. Consent or lack of opposition did not mitigate the offending. No statutory aggravating factor was established, and the offender received mitigation for his guilty pleas, lack of prior convictions, limited prior good character, limited remorse, good rehabilitation prospects, remote risk of reoffending and custodial hardship. The seriousness...

Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Criminal Sentencing / Sentencing Following Pleas of Guilty
Outcome
The offender was convicted of seven offences and sentenced to an aggregate term of imprisonment with a non-parole period.
Legal Topics
['sexual Intercourse With a Child Aged Between 14 and 16 Years' 'objective Seriousness' 'disputed Sentencing Facts' 'guilty Plea Discount' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['sexual Intercourse With a Child Aged Between 14 and 16 Years' 'objective Seriousness' 'disputed Sentencing Facts' 'guilty Plea Discount' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentencing Following Pleas of Guilty

Legal Issues

  1. 1 ['What findings should be made on disputed facts concerning unprotected sex and ejaculation for some offences.' 'The objective seriousness of seven offences of sexual intercourse with a child aged between 14 and 16 years.' 'Whether consent or lack of opposition by the complainant mitigated the offending.' 'Whether any statutory aggravating factors were established.' "The weight to be given to the offender's mental health, prior good character, lack of prior convictions, guilty pleas, remorse, rehabilitation prospects, risk of reoffending and custodial hardship." 'Whether imprisonment was required and what aggregate sentence and non-parole period should be imposed.']

Ratio Decidendi

All seven offences were serious. The offender, aged 27, knew the victim was 15, knew of her mental health issues, took advantage of her, and used concealed locations. The penile-vaginal offences were more serious than the digital penetration offences, and sequence 2 was more serious because it involved unprotected sex and ejaculation inside the victim. Consent or lack of opposition did not mitigate the offending. No statutory aggravating factor was established, and the offender received mitigation for his guilty pleas, lack of prior convictions, limited prior good character, limited remorse, good rehabilitation prospects, remote risk of reoffending and custodial hardship. The seriousness...

Court Disposition

The offender was convicted of seven offences and sentenced to an aggregate term of imprisonment with a non-parole period.

Orders

  • ['The offender is convicted of the seven offences of sexual intercourse with a child aged between 14 and 16 years.' 'The offender is sentenced to a term of 5 years and 6 months imprisonment commencing on 17 January 2023 and expiring on 16 July 2028.' 'The non-parole period is 3 years expiring on 16 January 2026...