R v Rolfe [2017] NSWDC 186

R v Rolfe [2017] NSWDC 186

The offending warranted imprisonment because count 1 was just below the middle of the range of objective seriousness, count 2 was in the middle of the range, the Form 1 matters added to the criminality, general and specific deterrence were important, aggravating factors were established, and partial accumulation was required to reflect totality. A 15% discount was allowed for the guilty plea, special circumstances justified varying the statutory ratio, and the offender's prospects of rehabilitation were assessed as moderate rather than good.

Jurisdiction
Australia
Judgment Date
22 June 2017
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Sentenced to a total effective sentence of 5 years and 3 months imprisonment with a non-parole period of 3 years and 2 months and a balance of term of 2 years and 1 month. Bonds revoked for each call up offence and a sentence of 1 month imprisonment imposed for each.
Legal Topics
['sexual Intercourse With Child 10 14 Years' 'procure Child for Unlawful Sexual Activity' 'aggravated Indecent Assault Form 1 Offences' 'breach of Section 9 Bonds' 'objective Seriousness' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['sexual Intercourse With Child 10 14 Years' 'procure Child for Unlawful Sexual Activity' 'aggravated Indecent Assault Form 1 Offences' 'breach of Section 9 Bonds' 'objective Seriousness' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentences should be imposed for sexual intercourse with a child above the age of 10 years and under the age of 14 years and procuring a child under 16 years for unlawful sexual activity.' 'How the Form 1 aggravated indecent assault offences should be taken into account.' 'Whether objective seriousness, aggravating factors, subjective circumstances, prospects of rehabilitation, remorse, special circumstances and totality affected sentence.' "How to deal with the offender's breaches of four section 9 bonds."]

Ratio Decidendi

The offending warranted imprisonment because count 1 was just below the middle of the range of objective seriousness, count 2 was in the middle of the range, the Form 1 matters added to the criminality, general and specific deterrence were important, aggravating factors were established, and partial accumulation was required to reflect totality. A 15% discount was allowed for the guilty plea, special circumstances justified varying the statutory ratio, and the offender's prospects of rehabilitation were assessed as moderate rather than good.

Court Disposition

Sentenced to a total effective sentence of 5 years and 3 months imprisonment with a non-parole period of 3 years and 2 months and a balance of term of 2 years and 1 month. Bonds revoked for each call up offence and a sentence of 1 month imprisonment imposed for each.

Orders

  • ['In relation to each offence the offender is convicted.' 'For count 2, procuring a child under 16 years for unlawful sexual activity and taking into account the Form 1 offence of aggravated indecent assault, the offender is sentenced to a non-parole period of 1 year and 6 months from 24 February 2016 to 23 August...