R v Ferguson (No.2) [2024] NSWDC 437

R v Ferguson (No.2) [2024] NSWDC 437

Given the mid-range objective seriousness of the offences, the significant cognitive impairment of the victim, aggravating and mitigating factors (including the offender's physical and mental health and background of social disadvantage), the principle of totality, and special circumstances, an aggregate sentence of 4 years imprisonment with a non-parole period of 2 years is appropriate.

Parties
Accused: Benjamin Joel Ferguson; Crown: Office of the Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal / Sentencing After Judge Alone Trial
Outcome
Convicted and sentenced to full-time imprisonment
Legal Topics
Sexual Offences, Sentencing, Aggravated Sexual Touching, Aggravated Sexual Intercourse, Totality, Vulnerable Victim, Non Parole Period, Mitigating Factors, Aggravating Factors
Criminal Law Sexual Offences Sentencing Aggravated Sexual Touching Aggravated Sexual Intercourse Totality Vulnerable Victim Non Parole Period +2 more

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Parties

Benjamin Joel Ferguson

Accused

Office of the Director of Public Prosecutions

Crown

Procedural Posture

Criminal / Sentencing After Judge Alone Trial

Legal Issues

  1. 1 Appropriate sentence for multiple aggravated sexual offences against a vulnerable victim
  2. 2 Application of totality and special circumstances in sentencing
  3. 3 Weight of mitigating and aggravating factors

Ratio Decidendi

Given the mid-range objective seriousness of the offences, the significant cognitive impairment of the victim, aggravating and mitigating factors (including the offender's physical and mental health and background of social disadvantage), the principle of totality, and special circumstances, an aggregate sentence of 4 years imprisonment with a non-parole period of 2 years is appropriate.

Court Disposition

Convicted and sentenced to full-time imprisonment

Orders

  • Convicted of four counts: (1,3) aggravated sexual touching without consent; (2,4) aggravated sexual intercourse without consent, all in circumstances of aggravation (victim's cognitive impairment).
  • Aggregate sentence: 4 years imprisonment with non-parole period of 2 years, commencing 22 May 2024 and expiring 21 May 2028; parole eligibility on 21 May 2026.