R v King (a pseudonym) [2019] NSWDC 608

R v King (a pseudonym) [2019] NSWDC 608

Given the objective seriousness of the offences, the aggravating features, and the mitigating circumstances including pleas of guilty, passage of time, lack of reoffending, and demonstrated rehabilitation, an aggregate term of imprisonment of 6 years is appropriate, with a non-parole period reflecting special circumstances.

Parties
Crown: Regina; Offender: King (a pseudonym)
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 6 years with a non-parole period of 3 years 7 months.
Legal Topics
Sexual Offences, Sentencing, Historical Offences, Non Publication Orders
Criminal Law Sexual Offences Sentencing Historical Offences Non Publication Orders

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Parties

Regina

Crown

King (a pseudonym)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for two counts of sexual intercourse with a person 10 years or over and under 16 years, committed in 1991
  2. 2 Effect of delay and subsequent rehabilitation on sentence
  3. 3 Consideration of current sentencing patterns and practices under legislative amendments

Ratio Decidendi

Given the objective seriousness of the offences, the aggravating features, and the mitigating circumstances including pleas of guilty, passage of time, lack of reoffending, and demonstrated rehabilitation, an aggregate term of imprisonment of 6 years is appropriate, with a non-parole period reflecting special circumstances.

Court Disposition

Aggregate term of imprisonment of 6 years with a non-parole period of 3 years 7 months.

Orders

  • Aggregate term of imprisonment of 6 years imposed.
  • Non-parole period of 3 years 7 months fixed, commencing 2 July 2018 and expiring 1 February 2022.