R v Williams [2023] NSWDC 223

R v Williams [2023] NSWDC 223

The offender was convicted of four sexual offences against three complainants over a period of years. Having assessed the facts, objective seriousness, absence of remorse, criminal history, ongoing real risk of reoffending, limited rehabilitation prospects, time in custody including pandemic-related custody conditions, totality, and special circumstances based on the need for monitoring and psychological treatment, the Court imposed an aggregate sentence of imprisonment of 6 years 10 months with a non-parole period of 4 years 9 months, backdated to 26 May 2022.

Jurisdiction
Australia
Judgment Date
16 March 2023
Procedural Posture
Criminal Sentence / Sentence After Two Consecutive Jury Trials and Convictions for Sexual Offences
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 6 years 10 months with a non-parole period of 4 years 9 months. Special circumstances found.
Legal Topics
['sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'intentional Sexual Touching' 'objective Seriousness' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'intentional Sexual Touching' 'objective Seriousness' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence After Two Consecutive Jury Trials and Convictions for Sexual Offences

Legal Issues

  1. 1 ['What facts consistent with the jury verdicts should be found for sentencing.' 'The objective seriousness of each sexual offence.' "The offender's subjective circumstances, prospects of rehabilitation and risk of reoffending." 'Whether imprisonment was the only appropriate penalty and what aggregate sentence and non-parole period should be imposed.' 'Whether special circumstances justified adjustment of the statutory ratio between head sentence and non-parole period.']

Ratio Decidendi

The offender was convicted of four sexual offences against three complainants over a period of years. Having assessed the facts, objective seriousness, absence of remorse, criminal history, ongoing real risk of reoffending, limited rehabilitation prospects, time in custody including pandemic-related custody conditions, totality, and special circumstances based on the need for monitoring and psychological treatment, the Court imposed an aggregate sentence of imprisonment of 6 years 10 months with a non-parole period of 4 years 9 months, backdated to 26 May 2022.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 6 years 10 months with a non-parole period of 4 years 9 months. Special circumstances found.

Orders

  • ['The aggregate sentence commences on 26 May 2022.' 'The head sentence will expire on 25 March 2029.' 'The non-parole period will expire on 26 February 2027.' 'Indicative sentence for Count 1 (H73042156/5): 3 years 3 months with a non-parole period of 2 years 3 months.' 'Indicative sentence for Count 1...