R v Horsfall [2023] NSWDC 269

R v Horsfall [2023] NSWDC 269

Given the seriousness and multiplicity of sexual offences committed by the offender in breach of trust as a masseur, and having regard to aggravating and mitigating factors, an aggregate sentence of 10 years imprisonment with a non-parole period of 6 years and 6 months is appropriate; no penalty other than full-time imprisonment suffices.

Jurisdiction
Australia
Judgment Date
23 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to 10 years imprisonment with a non-parole period of 6 years and 6 months.
Legal Topics
['sexual Offences' 'aggravated Sexual Assault' 'sentencing' 'abuse of Trust' 'massage Therapist Misconduct']
['criminal Law'] ['sexual Offences' 'aggravated Sexual Assault' 'sentencing' 'abuse of Trust' 'massage Therapist Misconduct']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple counts of sexual assault and aggravated sexual assault committed in context of masseur-client relationship' 'Objective and subjective seriousness of sexual offences' 'Aggravating and mitigating factors in sentencing sexual offences' 'Abuse of trust as aggravating factor' 'Assessment of victim impact statements']

Ratio Decidendi

Given the seriousness and multiplicity of sexual offences committed by the offender in breach of trust as a masseur, and having regard to aggravating and mitigating factors, an aggregate sentence of 10 years imprisonment with a non-parole period of 6 years and 6 months is appropriate; no penalty other than full-time imprisonment suffices.

Court Disposition

The offender is sentenced to 10 years imprisonment with a non-parole period of 6 years and 6 months.

Orders

  • ['Mark Anthony Horsfall is sentenced to a term of imprisonment of 10 years, with a non-parole period of 6 years and 6 months.' 'Sentence to be backdated by 8 months from 14 February 2023; sentence commences 15 July 2022.' 'Non-parole period expires 14 January 2029; additional term expires 14 July 2032.']