Regina v REES [2008] NSWDC 212

Regina v REES [2008] NSWDC 212

Taking into account the offender's prior good character, health, age, and low likelihood of reoffending, as well as the seriousness of the offence and the fact it was assessed as midrange, a non-parole period of four years with a balance of three years was appropriate, being less than the standard non-parole period but reflecting special circumstances.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a non-parole period of four years, balance of sentence three years
Legal Topics
['sexual Intercourse Without Consent' 'indecent Assault' 'sentencing' 'victim Impact' 'good Character' 'remorse']
['criminal Law'] ['sexual Intercourse Without Consent' 'indecent Assault' 'sentencing' 'victim Impact' 'good Character' 'remorse']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse without consent' "Assessment of offender's subjective circumstances" 'Midrange assessment for standard non-parole period']

Ratio Decidendi

Taking into account the offender's prior good character, health, age, and low likelihood of reoffending, as well as the seriousness of the offence and the fact it was assessed as midrange, a non-parole period of four years with a balance of three years was appropriate, being less than the standard non-parole period but reflecting special circumstances.

Court Disposition

Offender sentenced to a non-parole period of four years, balance of sentence three years

Orders

  • ['Sentence commences 20 June 2008 and expires 19 June 2015' 'Non-parole period expires 19 June 2012' 'Recommendation for release on parole on 19 June 2012' 'Recommendation for classification and placement in minimum security institution as soon as possible']