R v Garry SAGE [2013] NSWDC 216

R v Garry SAGE [2013] NSWDC 216

Given the number and seriousness of the sexual intercourse and child abuse material offences, the breach of trust, the victim's youth, the exploitation involved, and the additional creation and possession of degrading images, full-time imprisonment was required. The earliest guilty plea justified a 25 per cent reduction from an otherwise appropriate aggregate sentence of 4 years to 3 years. Special circumstances, principally the offender's youth, first time in custody, and need for treatment and supervision in the community, justified an exceptionally short non-parole period of 9 months.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Plea
Outcome
Aggregate sentence of 3 years imprisonment with a non-parole period of 9 months for six serious offences; offender ordered to be released on parole on 29 January 2014. For two contraventions of an apprehended domestic violence order, the offender was convicted and the proceedings disposed of without imposing any...
Legal Topics
['sexual Intercourse With Person Aged 14 to 16' 'child Abuse Material' 'contravention of Apprehended Domestic Violence Order' 'victim Impact Statement' 'full Time Custody' 'special Circumstances' 'parole']
['criminal Law' 'sentencing'] ['sexual Intercourse With Person Aged 14 to 16' 'child Abuse Material' 'contravention of Apprehended Domestic Violence Order' 'victim Impact Statement' 'full Time Custody' 'special Circumstances' 'parole']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['Assessment of the objective seriousness of four offences of sexual intercourse with a person aged 14 to 16 years.' 'Assessment of the objective seriousness of child abuse material offences involving images of the victim and unidentified children.' 'Whether the offending required full-time custody or could be met by a non-custodial or suspended sentence.' 'Whether special circumstances justified a non-parole period shorter than the statutory ratio.' 'How to dispose of two offences of contravening an apprehended domestic violence order.']

Ratio Decidendi

Given the number and seriousness of the sexual intercourse and child abuse material offences, the breach of trust, the victim's youth, the exploitation involved, and the additional creation and possession of degrading images, full-time imprisonment was required. The earliest guilty plea justified a 25 per cent reduction from an otherwise appropriate aggregate sentence of 4 years to 3 years. Special circumstances, principally the offender's youth, first time in custody, and need for treatment and supervision in the community, justified an exceptionally short non-parole period of 9 months.

Court Disposition

Aggregate sentence of 3 years imprisonment with a non-parole period of 9 months for six serious offences; offender ordered to be released on parole on 29 January 2014. For two contraventions of an apprehended domestic violence order, the offender was convicted and the proceedings disposed of without imposing any...

Orders

  • ['For the six offences, an aggregate sentence of 3 years imprisonment commencing on 30 April 2013 and expiring on 29 April 2016.' 'Non-parole period of 9 months commencing on 30 April 2013 and expiring on 29 January 2014.' 'Balance of term of 27 months commencing on 30 January 2014 and expiring on 29 April 2016.'...