R v BG [2019] NSWDC 396

R v BG [2019] NSWDC 396

The aggregate sentence of imprisonment reflects the gravity of multiple sexual offences committed by the offender, breach of trust as a step-parent, harm to the victim, the offender’s guilty plea, reasonable prospects for rehabilitation, and hardship arising to his family. The sentence was imposed in accordance with applicable statutory provisions, sentencing principles, and authorities, adjusted for special circumstances and totality.

Parties
Crown: Regina; Offender: BG
Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of 9 years, with a non-parole period of 6 years.
Legal Topics
Sexual Offences, Sentencing, Aggravating and Mitigating Factors, Victim Impact Statements, Deterrence, Breach of Trust, Aggregate Sentences, Sentencing Procedure, Hardship
Criminal Law Sexual Offences Sentencing Aggravating and Mitigating Factors Victim Impact Statements Deterrence Breach of Trust Aggregate Sentences +2 more

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Parties

Regina

Crown

BG

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate aggregate sentence for multiple sexual offences against a child
  2. 2 Consideration of aggravating and mitigating factors in sentencing
  3. 3 Role and weight of victim impact statement

Ratio Decidendi

The aggregate sentence of imprisonment reflects the gravity of multiple sexual offences committed by the offender, breach of trust as a step-parent, harm to the victim, the offender’s guilty plea, reasonable prospects for rehabilitation, and hardship arising to his family. The sentence was imposed in accordance with applicable statutory provisions, sentencing principles, and authorities, adjusted for special circumstances and totality.

Court Disposition

Aggregate sentence of imprisonment of 9 years, with a non-parole period of 6 years.

Orders

  • The offender is convicted of each offence.
  • Aggregate sentence of imprisonment of 9 years commencing 15 December 2018, expiring 14 December 2027.