R v Henry [2021] NSWDC 152

R v Henry [2021] NSWDC 152

The offending warranted full-time custody because it involved planned and exploitative sexual offending against a 17 year old victim who was made intoxicated and rendered incapable of consenting, followed by non-consensual intimate image recording. The sexual intercourse offence was assessed as around mid-range objective seriousness, and the intimate image offences below mid-range. The offender was entitled to a 25% discount for early guilty pleas and a modest additional 5% discount on the s 61I count for assistance/Ellis considerations, but not the 25% sought. Special circumstances were found because this was the offender's first time in custody and he needed rehabilitation and treatment...

Jurisdiction
Australia
Judgment Date
12 February 2021
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 3 years and 2 months, with a non-parole period of 22 months.
Legal Topics
['sexual Intercourse Without Consent' 'intentionally Recording an Intimate Image Without Consent' 'plea of Guilty' 'form 1 Offences' 'objective Seriousness' 'planned or Organised Criminal Activity' 'previous Convictions' 'ellis Discount' 'special Circumstances' 'drug Addiction']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'intentionally Recording an Intimate Image Without Consent' 'plea of Guilty' 'form 1 Offences' 'objective Seriousness' 'planned or Organised Criminal Activity' 'previous Convictions' 'ellis Discount' 'special Circumstances' 'drug Addiction']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for sexual intercourse without consent and intentionally recording an intimate image without consent, with a further intimate image offence taken into account on a Form 1.' 'Whether the offending involved aggravating features including planning, exploitation of vulnerability, and prior record.' 'Whether the offender should receive a discount under s 23 of the Crimes (Sentencing Procedure) Act 1999 or an Ellis discount for admissions or assistance.' "Whether special circumstances should be found because this was the offender's first time in custody and he required rehabilitation and treatment for addictions."]

Ratio Decidendi

The offending warranted full-time custody because it involved planned and exploitative sexual offending against a 17 year old victim who was made intoxicated and rendered incapable of consenting, followed by non-consensual intimate image recording. The sexual intercourse offence was assessed as around mid-range objective seriousness, and the intimate image offences below mid-range. The offender was entitled to a 25% discount for early guilty pleas and a modest additional 5% discount on the s 61I count for assistance/Ellis considerations, but not the 25% sought. Special circumstances were found because this was the offender's first time in custody and he needed rehabilitation and treatment...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 3 years and 2 months, with a non-parole period of 22 months.

Orders

  • ['The offender is convicted of each offence.' 'Taking into account a total discount of 30% (25% for the plea of guilty, and 5% for assistance) on the first count, the indicative sentence is 2 years and 10 months.' 'Taking into account a 25% discount for the pleas of guilty on the second count, 1 year.' 'I impose an...