Regina v Alan Matthew McArdle [2017] NSWDC 239

Regina v Alan Matthew McArdle [2017] NSWDC 239

The offence was serious but in the low range of objective seriousness, was not planned, lasted only seconds, occurred in the context of the offender's youth, immaturity, intoxication, sexual inexperience and untreated mental condition, and the offender stopped when he thought it was wrong to continue. With no aggravating factors, strong mitigating factors, genuine remorse, cooperation, a 25% plea discount, low risk of reoffending and good prospects of rehabilitation, the case was exceptional and the community interest was best served by suspending the 2 year sentence on a supervised good behaviour bond rather than requiring full-time custody.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
The offender was convicted and sentenced to 2 years imprisonment, suspended on condition that he enter into a good behaviour bond under section 12 Crimes (Sentencing Procedure) Act 1999 for 2 years.
Legal Topics
['sexual Intercourse Without Consent' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'suspended Sentence' 'rehabilitation' 'remorse']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'suspended Sentence' 'rehabilitation' 'remorse']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for one count of sexual intercourse without consent contrary to section 61I Crimes Act 1900.' 'Whether the offence was an exceptional case in which a full-time custodial sentence was not required despite the seriousness of a section 61I offence.' 'Whether a suspended sentence under section 12 Crimes (Sentencing Procedure) Act 1999 was appropriate having regard to objective seriousness, deterrence, mental condition, youth, remorse and rehabilitation.']

Ratio Decidendi

The offence was serious but in the low range of objective seriousness, was not planned, lasted only seconds, occurred in the context of the offender's youth, immaturity, intoxication, sexual inexperience and untreated mental condition, and the offender stopped when he thought it was wrong to continue. With no aggravating factors, strong mitigating factors, genuine remorse, cooperation, a 25% plea discount, low risk of reoffending and good prospects of rehabilitation, the case was exceptional and the community interest was best served by suspending the 2 year sentence on a supervised good behaviour bond rather than requiring full-time custody.

Court Disposition

The offender was convicted and sentenced to 2 years imprisonment, suspended on condition that he enter into a good behaviour bond under section 12 Crimes (Sentencing Procedure) Act 1999 for 2 years.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to 2 years imprisonment. That sentence is suspended and the offender is to be released from custody on condition that he enters into a bond to be of good behaviour under section 12 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years.' 'The offender...