R v TK [2020] NSWDC 35

R v TK [2020] NSWDC 35

The offending was a serious, repeated and sustained course of incestuous sexual abuse of the offender's biological daughter, then aged 12 to 13, over approximately 11 months and about 90 occasions, involving multiple forms of sexual misconduct, coercion, threats and violence, and mostly occurring in the family home where the victim was entitled to feel safe. Although the offender had no prior convictions, pleaded guilty, and was accepted as genuinely remorseful to some extent, his limited insight, guarded prospects of rehabilitation and need for general and specific deterrence required a substantial custodial sentence. A 24 year starting point was reduced by 25 per cent for the early plea...

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Criminal Sentence / Sentence After Committal for Sentence and Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 18 years with a non-parole period of 13 years and 6 months.
Legal Topics
['sexual Offences Against Children' 'adult Maintain Unlawful Relationship With Child' 'aggravating Features' 'objective Seriousness' 'risk of Re Offending' 'remorse and Rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Offences Against Children' 'adult Maintain Unlawful Relationship With Child' 'aggravating Features' 'objective Seriousness' 'risk of Re Offending' 'remorse and Rehabilitation' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Committal for Sentence and Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for a single offence of adult maintain unlawful relationship with child contrary to s 66EA(1) of the Crimes Act 1900.' "How the objective seriousness of an approximately 11 month course of sexual offending against the offender's biological daughter should be assessed." "What weight should be given to the offender's plea of guilty, lack of prior convictions, remorse, prospects of rehabilitation, risk of re-offending, custody conditions and other subjective matters."]

Ratio Decidendi

The offending was a serious, repeated and sustained course of incestuous sexual abuse of the offender's biological daughter, then aged 12 to 13, over approximately 11 months and about 90 occasions, involving multiple forms of sexual misconduct, coercion, threats and violence, and mostly occurring in the family home where the victim was entitled to feel safe. Although the offender had no prior convictions, pleaded guilty, and was accepted as genuinely remorseful to some extent, his limited insight, guarded prospects of rehabilitation and need for general and specific deterrence required a substantial custodial sentence. A 24 year starting point was reduced by 25 per cent for the early plea...

Court Disposition

Convicted and sentenced to imprisonment for 18 years with a non-parole period of 13 years and 6 months.

Orders

  • ['The offender is convicted of adult maintain unlawful relationship with child contrary to s 66EA(1) of the Crimes Act 1900.' 'The offender is sentenced to a term of imprisonment of 18 years commencing on 29 December 2018 and expiring on 28 December 2036.' 'The non-parole period is 13 years and 6 months commencing...