R v Manojlovic [2020] NSWDC 221

R v Manojlovic [2020] NSWDC 221

The offences, while serious, fell towards the low end of the range of objective seriousness due to absence of violence, threats, grooming, or significant aggravation beyond authority; mitigating factors included offender's prior good character, prospects of rehabilitation, impairment from mental illness, extra curial punishment, and heightened hardship from COVID-19 restrictions; aggregate imprisonment and non-parole periods were imposed reflecting total criminality.

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Criminal / Sentencing
Outcome
An aggregate term of imprisonment of 3 years, 9 months with a non-parole period of 22 months imposed; special circumstances found.
Legal Topics
['sexual Offences' 'aggravated Sexual Assault' 'indecent Assault' 'sentencing' 'mitigating Factors' 'objective Seriousness' 'mental Illness Hardship' 'extra Curial Punishment' 'totality Principle' 'accumulation and Concurrency']
['criminal Law'] ['sexual Offences' 'aggravated Sexual Assault' 'indecent Assault' 'sentencing' 'mitigating Factors' 'objective Seriousness' 'mental Illness Hardship' 'extra Curial Punishment' 'totality Principle' 'accumulation and Concurrency']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Sentencing for aggravated sexual assault of a person under authority' 'Sentencing for indecent assault of a person under authority' 'Considerations of mitigating and aggravating factors' 'Application of the totality principle for multiple offences' 'Impact of COVID-19 pandemic on sentencing']

Ratio Decidendi

The offences, while serious, fell towards the low end of the range of objective seriousness due to absence of violence, threats, grooming, or significant aggravation beyond authority; mitigating factors included offender's prior good character, prospects of rehabilitation, impairment from mental illness, extra curial punishment, and heightened hardship from COVID-19 restrictions; aggregate imprisonment and non-parole periods were imposed reflecting total criminality.

Court Disposition

An aggregate term of imprisonment of 3 years, 9 months with a non-parole period of 22 months imposed; special circumstances found.

Orders

  • ['Convicted of each offence.' 'Aggregate sentence of imprisonment of 3 years, 9 months commencing 10 February 2020.' 'Non-parole period of 22 months expiring 9 December 2021.' 'Special circumstances found.']