R v MR [2019] NSWDC 755

R v MR [2019] NSWDC 755

The offending involved repeated sexual conduct by a 37 year old offender against a vulnerable 16 year old complainant in the offender's home, including skin on skin indecent assaults and one significant act of sexual intercourse without consent. The seriousness of the conduct, together with the offender's limited insight, lack of meaningful remorse, criminal history, need for specific deterrence and need for rehabilitation, meant no sentence other than imprisonment was appropriate. Totality and concurrency justified an aggregate sentence of 6 years, while special circumstances justified a 4 year non-parole period. No action was taken on the bond breaches because the offender would be...

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Criminal Sentencing for Sexual Intercourse Without Consent and Assault With Act of Indecency Offences / Sentence Following Jury Verdicts of Guilty After Trial; Breach of S9 Bonds Considered
Outcome
The offender was convicted on all five offences and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 4 years commencing 6 September 2019; no action was taken on the breach of bonds.
Legal Topics
['sexual Intercourse Without Consent' 'assault With Act of Indecency' 'objective Seriousness' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances' 'breach of Bonds']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'assault With Act of Indecency' 'objective Seriousness' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances' 'breach of Bonds']

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Procedural Posture

Criminal Sentencing for Sexual Intercourse Without Consent and Assault With Act of Indecency Offences / Sentence Following Jury Verdicts of Guilty After Trial; Breach of S9 Bonds Considered

Legal Issues

  1. 1 ['What sentence should be imposed for five offences committed against a 16 year old complainant after jury verdicts of guilty.' "How objective seriousness should be assessed for each count, including the complainant's vulnerability and the offender's conduct." 'Whether an aggregate sentence of imprisonment was required and what non-parole period should be fixed.' 'How to address the standard non-parole period for the s61I offence when imposing an aggregate sentence.' 'Whether any action should be taken for breach of two s9 bonds.']

Ratio Decidendi

The offending involved repeated sexual conduct by a 37 year old offender against a vulnerable 16 year old complainant in the offender's home, including skin on skin indecent assaults and one significant act of sexual intercourse without consent. The seriousness of the conduct, together with the offender's limited insight, lack of meaningful remorse, criminal history, need for specific deterrence and need for rehabilitation, meant no sentence other than imprisonment was appropriate. Totality and concurrency justified an aggregate sentence of 6 years, while special circumstances justified a 4 year non-parole period. No action was taken on the bond breaches because the offender would be...

Court Disposition

The offender was convicted on all five offences and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 4 years commencing 6 September 2019; no action was taken on the breach of bonds.

Orders

  • ['MR, of the 5 offences with which you are charged you have been found guilty by a jury of your peers and you are convicted.' 'Indicative sentences: Count 1: 18 months; Count 2: 4 1/2 years; Count 3: 4 months; Count 4: 6 months; Count 5: 8 months.' 'Pursuant to section 53A an aggregate sentence of 6 years is imposed...