R v Beauchamp (a pseudonym) [2021] NSWDC 243

R v Beauchamp (a pseudonym) [2021] NSWDC 243

For an offence of sexual intercourse with a child under 10 years, the objective seriousness was above mid-range and aggravated by breach of trust; after accounting for plea of guilty and assistance to authorities, a combined 35% discount was applied, resulting in an imprisonment term of 7 years 9 months with a non-parole period of 5 years 9 months.

Parties
Prosecutor: Regina (Crown); Offender: Mr Beauchamp (a pseudonym)
Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Criminal / Sentence
Outcome
Sentence of imprisonment imposed
Legal Topics
Sexual Offences, Sentencing, Children as Victims
Criminal Law Sexual Offences Sentencing Children as Victims

Case Brief

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Parties

Regina (Crown)

Prosecutor

Mr Beauchamp (a pseudonym)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse with a child under 10 years of age
  2. 2 Consideration of aggravating and mitigating circumstances
  3. 3 Application of statutory discounts for guilty plea and assistance

Ratio Decidendi

For an offence of sexual intercourse with a child under 10 years, the objective seriousness was above mid-range and aggravated by breach of trust; after accounting for plea of guilty and assistance to authorities, a combined 35% discount was applied, resulting in an imprisonment term of 7 years 9 months with a non-parole period of 5 years 9 months.

Court Disposition

Sentence of imprisonment imposed

Orders

  • Offender sentenced to 7 years 9 months imprisonment
  • Non-parole period fixed at 5 years 9 months from 13 January 2020, expiring 12 October 2025