R v Jenner [2019] NSWDC 50

R v Jenner [2019] NSWDC 50

Each offence was assessed as mid-range in objective seriousness. The offender exploited a vulnerable victim with an intellectual capacity of a ten year old, ignored her resistance, had unprotected intercourse on two occasions, had guarded rehabilitation prospects and required punishment, general deterrence and some special deterrence. Despite no prior offences and an early guilty plea warranting a 25% discount, no sentence other than full-time imprisonment was appropriate, with special circumstances found because it was the offender's first time in custody and custody would be more difficult given his psychological profile.

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender sentenced to an aggregate sentence of 5 years imprisonment with a non-parole period of 3 years imprisonment.
Legal Topics
['sexual Intercourse With a Person Who Has a Cognitive Impairment' 'victim Cognitive Impairment' 'objective Seriousness' 'guilty Plea Discount' 'aggregate Sentence' 'non Parole Period' 'non Publication Order']
['criminal Law' 'sentencing'] ['sexual Intercourse With a Person Who Has a Cognitive Impairment' 'victim Cognitive Impairment' 'objective Seriousness' 'guilty Plea Discount' 'aggregate Sentence' 'non Parole Period' 'non Publication Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of having sexual intercourse with a person who has a cognitive impairment with the intention of taking advantage of that impairment.' 'Whether full-time imprisonment was required.' 'How objective seriousness, guilty plea, rehabilitation prospects, deterrence and special circumstances affected the sentence.']

Ratio Decidendi

Each offence was assessed as mid-range in objective seriousness. The offender exploited a vulnerable victim with an intellectual capacity of a ten year old, ignored her resistance, had unprotected intercourse on two occasions, had guarded rehabilitation prospects and required punishment, general deterrence and some special deterrence. Despite no prior offences and an early guilty plea warranting a 25% discount, no sentence other than full-time imprisonment was appropriate, with special circumstances found because it was the offender's first time in custody and custody would be more difficult given his psychological profile.

Court Disposition

Offender sentenced to an aggregate sentence of 5 years imprisonment with a non-parole period of 3 years imprisonment.

Orders

  • ['Non-publication order confirmed for the name of the victim and any information which might directly or indirectly identify her, including publishing the name of the organisation contained in the Agreed Facts.' 'For each of the two offences, the offender was sentenced to an aggregate term of imprisonment of 5...