R v Bourke (a pseudonym) [2020] NSWDC 10

R v Bourke (a pseudonym) [2020] NSWDC 10

The offender's overall criminality, particularly the prolonged and repeated offending against Ms Jones, was well into the upper range of objective seriousness and was aggravated by offending in her home and by substantial emotional harm. Although the offender's dysfunctional childhood and youth for the Suzanna offending reduced moral culpability and he received a 5 percent discount for the late guilty plea to that offence, he lacked persuasive remorse, had poor prospects of rehabilitation, and specific and general deterrence and protection of the community were of greater significance. Totality required an aggregate sentence of 16 years and 6 months with a non-parole period of 12 years.

Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdicts of Guilty, Findings on a S 166 Certificate, and a Guilty Plea
Outcome
Aggregate term of imprisonment of 16 years and 6 months with a non-parole period of 12 years.
Legal Topics
['sexual Intercourse With Person Above 14 Years of Age But Less Than 16 Years of Age' 'sexual Intercourse Without Consent' 'assault With Act of Indecency' 'common Assault' 'threatened Use of an Offensive Weapon With Intent to Commit an Indictable Offence' 'intimidation' 'larceny' 'destroying or Damaging Property' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse With Person Above 14 Years of Age But Less Than 16 Years of Age' 'sexual Intercourse Without Consent' 'assault With Act of Indecency' 'common Assault' 'threatened Use of an Offensive Weapon With Intent to Commit an Indictable Offence' 'intimidation' 'larceny' 'destroying or Damaging Property' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence After Jury Verdicts of Guilty, Findings on a S 166 Certificate, and a Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for 14 offences involving two victims, including sexual offences, violence, intimidation, larceny and property damage.' "What objective seriousness and aggravating features attached to the offences, including offending in the victim's home and substantial emotional harm." "What effect should be given to the offender's youth at some offending, dysfunctional childhood, mental health and substance use history, prior record, lack of remorse, rehabilitation prospects, deterrence and community protection." 'Whether to impose an aggregate sentence and what indicative sentences and non-parole period should underpin it.']

Ratio Decidendi

The offender's overall criminality, particularly the prolonged and repeated offending against Ms Jones, was well into the upper range of objective seriousness and was aggravated by offending in her home and by substantial emotional harm. Although the offender's dysfunctional childhood and youth for the Suzanna offending reduced moral culpability and he received a 5 percent discount for the late guilty plea to that offence, he lacked persuasive remorse, had poor prospects of rehabilitation, and specific and general deterrence and protection of the community were of greater significance. Totality required an aggregate sentence of 16 years and 6 months with a non-parole period of 12 years.

Court Disposition

Aggregate term of imprisonment of 16 years and 6 months with a non-parole period of 12 years.

Orders

  • ['The non-publication order was confirmed and continued in respect of the name of the offender, the two victims and any other thing that might identify any of them, directly or indirectly.' 'The offender was sentenced to an aggregate term of imprisonment of 16 years and 6 months for the 11 counts of which the jury...