R v DS [2020] NSWDC 66

R v DS [2020] NSWDC 66

The two offences were brief but involved skin-on-skin digital touching of the 12-year-old complainant's vagina by an adult offender in a significant breach of trust. Both offences were just below mid-range objective seriousness. Given the seriousness of child sexual offending, the need for general deterrence, the offender's continued denial and lack of remorse, and the accepted position that full-time custody was the only available sentence, an aggregate term of imprisonment was required. Special circumstances were found because the offender had above average prospects of rehabilitation and this was his first time in custody.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Criminal Sentencing for Aggravated Indecent Assault / Sentence After Jury Verdicts of Guilty on Counts 2 and 4
Outcome
The offender was convicted of counts 2 and 4 and sentenced to an aggregate term of imprisonment.
Legal Topics
['sexual Offences' 'aggravated Indecent Assault' 'imprisonment' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['sexual Offences' 'aggravated Indecent Assault' 'imprisonment' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Aggravated Indecent Assault / Sentence After Jury Verdicts of Guilty on Counts 2 and 4

Legal Issues

  1. 1 ["Whether count 2 involved skin-on-skin touching of the complainant's vagina rather than touching over clothing." 'Assessment of the objective seriousness of the two aggravated indecent assaults.' 'Whether the repeal of s61M(2) of the Crimes Act and replacement by section 66DB affected the sentencing process.' 'Whether full-time custody was the only available sentence.' 'Whether special circumstances should be found.' 'What aggregate sentence and indicative sentences should be imposed.']

Ratio Decidendi

The two offences were brief but involved skin-on-skin digital touching of the 12-year-old complainant's vagina by an adult offender in a significant breach of trust. Both offences were just below mid-range objective seriousness. Given the seriousness of child sexual offending, the need for general deterrence, the offender's continued denial and lack of remorse, and the accepted position that full-time custody was the only available sentence, an aggregate term of imprisonment was required. Special circumstances were found because the offender had above average prospects of rehabilitation and this was his first time in custody.

Court Disposition

The offender was convicted of counts 2 and 4 and sentenced to an aggregate term of imprisonment.

Orders

  • ['The offender is convicted of counts 2 and 4 in the indictment.' 'An aggregate non-parole period of two years and one month is imposed commencing on 26 February 2020 and expiring on 25 March 2022, when the offender will be eligible for release to parole.' 'An aggregate head sentence of 3 years and 6 months is...