R v Ward [2023] NSWDC 352

R v Ward [2023] NSWDC 352

Given the offender's persistent course of conduct in the face of lack of consent, the vulnerability of the victim due to cognitive impairment (an inherent element of the offences), combined with the time already served, employment history, and support, the appropriate sentence is 18 months' imprisonment to be served by way of an Intensive Correction Order with additional conditions to address rehabilitation and community safety.

Jurisdiction
Australia
Judgment Date
23 February 2023
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 18 months to be served by Intensive Correction Order with standard and additional conditions.
Legal Topics
['sexual Offences' 'cognitive Impairment' 'sentencing' 'intensive Correction Order']
['criminal Law'] ['sexual Offences' 'cognitive Impairment' 'sentencing' 'intensive Correction Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for sexual touching and sexual act offences against a person with cognitive impairment' 'Application of objective and subjective factors in sentencing' 'Determination of whether sentence should be served by full-time custody or Intensive Correction Order']

Ratio Decidendi

Given the offender's persistent course of conduct in the face of lack of consent, the vulnerability of the victim due to cognitive impairment (an inherent element of the offences), combined with the time already served, employment history, and support, the appropriate sentence is 18 months' imprisonment to be served by way of an Intensive Correction Order with additional conditions to address rehabilitation and community safety.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 18 months to be served by Intensive Correction Order with standard and additional conditions.

Orders

  • ['The term of imprisonment of 18 months be served by Intensive Correction Order (ICO) in the community.' 'Standard ICO conditions: good behaviour; supervision by Community Corrections.' 'Additional ICO conditions: (1) Not to consume illicit drugs or prescription-only drugs except as prescribed; (2) Undertake...