R v JM [2020] NSWDC 140

R v JM [2020] NSWDC 140

Having regard to the objective seriousness of the offences, aggravating factors of breach of trust and authority, the need for general deterrence and denunciation, and the principles of totality and proportionality, balanced by the findings of remorse, low risk of reoffending, guilty plea, and special circumstances relating to rehabilitation, an aggregate sentence of 14 years imprisonment with a non-parole period of 9 ½ years was appropriate.

Jurisdiction
Australia
Judgment Date
17 April 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on each charge and sentenced to imprisonment
Legal Topics
['sexual Offences' 'child Sex Offences' 'act of Indecency' 'child Abuse Material' 'sexual Intercourse With Child Between 10 and 14' 'procuring/grooming Child for Unlawful Sexual Activity' 'indecent Assault' 'sentencing']
['criminal Law'] ['sexual Offences' 'child Sex Offences' 'act of Indecency' 'child Abuse Material' 'sexual Intercourse With Child Between 10 and 14' 'procuring/grooming Child for Unlawful Sexual Activity' 'indecent Assault' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for multiple child sexual offences' 'Application of standard non-parole period' 'Assessment of objective and subjective seriousness' 'Principle of totality in sentencing' 'Finding of special circumstances']

Ratio Decidendi

Having regard to the objective seriousness of the offences, aggravating factors of breach of trust and authority, the need for general deterrence and denunciation, and the principles of totality and proportionality, balanced by the findings of remorse, low risk of reoffending, guilty plea, and special circumstances relating to rehabilitation, an aggregate sentence of 14 years imprisonment with a non-parole period of 9 ½ years was appropriate.

Court Disposition

Offender convicted on each charge and sentenced to imprisonment

Orders

  • ['Offender convicted on each of the charged matters' 'Aggregate sentence of 14 years imprisonment imposed under section 53A Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Non-parole period of 9 ½ years commencing 17 December 2018, expiring 16 June 2028' 'Balance of term of 4 ½ years expiring 16 December 2032']