R v Ivanov [2023] NSWDC 408

R v Ivanov [2023] NSWDC 408

Having regard to the 20 year maximum penalty, the 10 year standard non-parole period, the offence's lower-end mid-range objective seriousness, the offender's youth, limited criminal history, delay and restrictive bail conditions, psychological conditions and support, but also his lack of remorse and insight and guarded rehabilitation prospects, no penalty other than imprisonment was appropriate. Special circumstances were established because this was the offender's first time in actual custody and his psychological conditions would make custody more difficult, so a head sentence of 4 years 9 months with a non-parole period of 3 years was imposed.

Jurisdiction
Australia
Judgment Date
25 August 2023
Procedural Posture
Criminal Sentence / Remarks on Sentence After Jury Verdict of Guilty
Outcome
Convicted and sentenced to imprisonment for 4 years 9 months with a non-parole period of 3 years; special circumstances found.
Legal Topics
['sexual Intercourse Without Consent' 'reckless Infliction of Actual Bodily Harm' 'objective Seriousness' 'victim Impact Statement' 'delay' 'remorse and Rehabilitation' 'young Offender' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'reckless Infliction of Actual Bodily Harm' 'objective Seriousness' 'victim Impact Statement' 'delay' 'remorse and Rehabilitation' 'young Offender' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for sexual intercourse without consent in circumstances where immediately afterwards the offender recklessly inflicted actual bodily harm on the complainant.' 'How the objective seriousness of the offence should be assessed having regard to the nature of the sexual intercourse, absence of consent, absence of a condom, isolation of the victim, degrading conduct and bodily harm.' "What mitigating weight should be given to the offender's youth, limited criminal history, delay, restrictive bail conditions, psychological conditions, family support and efforts at self-improvement." "Whether the offender's denial of guilt, absence of remorse, lack of insight and risk assessments affected prospects of rehabilitation and future risk." 'Whether special circumstances justified adjusting the ordinary ratio between the head sentence and non-parole period.']

Ratio Decidendi

Having regard to the 20 year maximum penalty, the 10 year standard non-parole period, the offence's lower-end mid-range objective seriousness, the offender's youth, limited criminal history, delay and restrictive bail conditions, psychological conditions and support, but also his lack of remorse and insight and guarded rehabilitation prospects, no penalty other than imprisonment was appropriate. Special circumstances were established because this was the offender's first time in actual custody and his psychological conditions would make custody more difficult, so a head sentence of 4 years 9 months with a non-parole period of 3 years was imposed.

Court Disposition

Convicted and sentenced to imprisonment for 4 years 9 months with a non-parole period of 3 years; special circumstances found.

Orders

  • ['The offender is sentenced to a head sentence of 4 years 9 months dating from 19 June 2023.' 'A non-parole period of 3 years is imposed dating from 19 June 2023 and expiring on 18 June 2026.' 'The head sentence will expire on 18 March 2028.' 'Special circumstances are found.']