R v WM [2023] NSWDC 138

R v WM [2023] NSWDC 138

The offender was convicted after trial of one count of aggravated indecent assault and two counts of sexual intercourse with his 5-year-old granddaughter under 10, committed during one ongoing bathroom episode in breach of trust. The offences required a substantial full-time custodial sentence, with strong weight to general deterrence and denunciation. Count 1 was slightly below mid-range, count 2 slightly below mid-range, and count 3 within the mid-range toward the lower end. Bugmy factors were enlivened and reduced moral culpability, but did not carry great weight. The offender's age, health, onerous custody during COVID-19, need for treatment, supervision and reintegration established...

Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Criminal Sentencing for Sexual Offences Against a Child / Sentence After Jury Trial and Guilty Verdicts
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 9 years 6 months with a non-parole period of 6 years 5 months.
Legal Topics
['sexual Intercourse With Child Under 10' 'indecent Assault on Child Under 16' 'child Sexual Offences' 'sentencing After Trial' 'standard Non Parole Period' 'fact Finding After Jury Verdict' 'general Deterrence' 'bugmy Factors' 'special Circumstances']
['criminal Law' 'sentencing'] ['sexual Intercourse With Child Under 10' 'indecent Assault on Child Under 16' 'child Sexual Offences' 'sentencing After Trial' 'standard Non Parole Period' 'fact Finding After Jury Verdict' 'general Deterrence' 'bugmy Factors' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Sexual Offences Against a Child / Sentence After Jury Trial and Guilty Verdicts

Legal Issues

  1. 1 ['What facts should be found for sentence after the jury verdicts.' 'The objective seriousness of aggravated indecent assault and two counts of sexual intercourse with a child under 10.' "Whether the offender's breach of trust, the victim's age, duration of offending, and absence of additional violence affected seriousness." 'Whether s 25AA of the Crimes (Sentencing Procedure) Act required regard to the trauma of sexual abuse on children.' 'Whether general deterrence required substantial weight for child sexual offences.' "Whether the offender's Aboriginal background and childhood deprivation enlivened Bugmy factors and reduced moral culpability." 'Whether special circumstances justified a non-parole period below the statutory ratio.' 'Whether an aggregate sentence was appropriate.']

Ratio Decidendi

The offender was convicted after trial of one count of aggravated indecent assault and two counts of sexual intercourse with his 5-year-old granddaughter under 10, committed during one ongoing bathroom episode in breach of trust. The offences required a substantial full-time custodial sentence, with strong weight to general deterrence and denunciation. Count 1 was slightly below mid-range, count 2 slightly below mid-range, and count 3 within the mid-range toward the lower end. Bugmy factors were enlivened and reduced moral culpability, but did not carry great weight. The offender's age, health, onerous custody during COVID-19, need for treatment, supervision and reintegration established...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 9 years 6 months with a non-parole period of 6 years 5 months.

Orders

  • ['In respect of the offences to which counts 1, 2 and 3 on the indictment relate the offender is convicted.' 'The offender is sentenced to an aggregate sentence of 9 years 6 months with a non-parole period of 6 years 5 months.' 'The non-parole period will commence on 30 August 2021 and will expire on 29 January...