R v Seizov [2019] NSWDC 409

R v Seizov [2019] NSWDC 409

Because the offences involved serious unwanted sexual violation of three young women, multiple complainants and the need for punishment, denunciation and deterrence, full-time imprisonment was required; however, the offender's early guilty pleas, cooperation, remorse, youth, lack of prior history, vulnerability in custody, family support, rehabilitation prospects, the opportunistic and brief nature of the offending, and the need for totality and special circumstances justified significant variation from the standard non-parole periods and an aggregate sentence with a longer parole period.

Jurisdiction
Australia
Judgment Date
13 June 2019
Procedural Posture
Criminal Sentencing for Sexual Intercourse Without Consent and Assault With an Act of Indecency / Sentence After Early Guilty Pleas
Outcome
Aggregate sentence of four years and two months with a non-parole period of two years and one month.
Legal Topics
['sexual Intercourse Without Consent' 'assault With an Act of Indecency' 'multiple Complainants' 'standard Non Parole Period' 'totality' 'partial Accumulation' 'special Circumstances' 'remorse' 'early Guilty Plea' 'young Offender']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'assault With an Act of Indecency' 'multiple Complainants' 'standard Non Parole Period' 'totality' 'partial Accumulation' 'special Circumstances' 'remorse' 'early Guilty Plea' 'young Offender']

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Procedural Posture

Criminal Sentencing for Sexual Intercourse Without Consent and Assault With an Act of Indecency / Sentence After Early Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for two counts of sexual intercourse without consent and three counts of assault with an act of indecency.' 'How the objective seriousness of each offence should be assessed, including vulnerability of the complainants and opportunistic offending.' 'Whether and how far to vary from the standard non-parole period for the sexual intercourse without consent offences.' 'How to structure sentences to reflect totality, partial accumulation and multiple victims.' "Whether special circumstances justified a longer parole period having regard to the offender's youth, vulnerability in custody, family support, remorse and rehabilitation prospects."]

Ratio Decidendi

Because the offences involved serious unwanted sexual violation of three young women, multiple complainants and the need for punishment, denunciation and deterrence, full-time imprisonment was required; however, the offender's early guilty pleas, cooperation, remorse, youth, lack of prior history, vulnerability in custody, family support, rehabilitation prospects, the opportunistic and brief nature of the offending, and the need for totality and special circumstances justified significant variation from the standard non-parole periods and an aggregate sentence with a longer parole period.

Court Disposition

Aggregate sentence of four years and two months with a non-parole period of two years and one month.

Orders

  • ['For sequence 4, taking into account sequences 3, 5 and 6 on the Form 1, an indicated sentence of three years and nine months with a non-parole period of one year and eight months.' 'For sequence 7, an indicated sentence of three years with a non-parole period of one year and six months.' 'For sequences 1 and 9,...