R v Robert Flaherty [2016] NSWDC 124

R v Robert Flaherty [2016] NSWDC 124

The offender was sentenced for five historical offences of indecent assault on a male, committed as a parish priest against teenage parishioners, reflecting a serious breach of trust. While ill health, advanced age, and delay since the offences were mitigating factors supporting a reduction in sentence and shorter non-parole period, the serious and persistent sexual offending, particularly against V3 (involving penetration and abuse of trust), required an effective sentence of full-time imprisonment. Sentences for each offence were structured concurrently, with a short non-parole period reflecting special circumstances due to health and age.

Parties
Crown: Regina; Offender: Robert Flaherty
Jurisdiction
Australia
Judgment Date
25 February 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment; partially concurrent, with parole and a good behaviour bond for a lesser charge; sentence calculation and commencement adjourned for bail arguments.
Legal Topics
Sexual Offences, Indecent Assault, Historical Offences, Sentencing Principles, Offences Against the Person, Breach of Trust, Parole
Criminal Law Sexual Offences Indecent Assault Historical Offences Sentencing Principles Offences Against the Person Breach of Trust Parole

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Parties

Regina

Crown

Robert Flaherty

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for historical sexual offences committed decades earlier
  2. 2 Appropriate weight to age, ill health, and prospects of rehabilitation on sentence
  3. 3 Factors relevant to aggregate sentencing and parole for elderly offenders

Ratio Decidendi

The offender was sentenced for five historical offences of indecent assault on a male, committed as a parish priest against teenage parishioners, reflecting a serious breach of trust. While ill health, advanced age, and delay since the offences were mitigating factors supporting a reduction in sentence and shorter non-parole period, the serious and persistent sexual offending, particularly against V3 (involving penetration and abuse of trust), required an effective sentence of full-time imprisonment. Sentences for each offence were structured concurrently, with a short non-parole period reflecting special circumstances due to health and age.

Court Disposition

Convicted and sentenced to imprisonment; partially concurrent, with parole and a good behaviour bond for a lesser charge; sentence calculation and commencement adjourned for bail arguments.

Orders

  • The offender is sentenced to an aggregate term of imprisonment of 2 years, 3 weeks to commence on 26 February 2016 and expiring on 18 March 2018 with a non-parole period of 6 months.
  • Under s 50 of the Crimes (Sentencing Procedure) Act 1999 the offender is to be released on parole on 25 August 2016.