R v AS [2017] NSWDC 153

R v AS [2017] NSWDC 153

The aggregate sentence reflects the separate victims, separate episodes, and aggravating features including abuse of authority and offending in the victims' residence; special circumstances allow varying the statutory ratio; counts capable of summary disposal in the Local Court were considered for mitigation, but maximum penalties and objective criminality justified the total sentence imposed.

Jurisdiction
Australia
Judgment Date
15 June 2017
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced
Legal Topics
['sexual Offences Against Children' 'sentencing' 'aggravated Indecent Assault' 'aggregate Sentencing' 'position of Trust or Authority' 'summary Disposal']
['criminal Law'] ['sexual Offences Against Children' 'sentencing' 'aggravated Indecent Assault' 'aggregate Sentencing' 'position of Trust or Authority' 'summary Disposal']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Assessment of objective seriousness for sexual offences against children' 'Appropriate aggregate sentence and non-parole period' 'Consideration of aggravating and mitigating factors' 'Relevance of Local Court jurisdictional limit in sentencing']

Ratio Decidendi

The aggregate sentence reflects the separate victims, separate episodes, and aggravating features including abuse of authority and offending in the victims' residence; special circumstances allow varying the statutory ratio; counts capable of summary disposal in the Local Court were considered for mitigation, but maximum penalties and objective criminality justified the total sentence imposed.

Court Disposition

Convicted and sentenced

Orders

  • ['Conviction on counts 1, 2, 4, 5 and 6' 'Aggregate term of imprisonment: non-parole period of 6 years and 6 months, head sentence of 10 years' 'Special circumstances found and statutory ratio varied pursuant to s44(2), Crimes (Sentencing Procedure) Act 1999' 'Non-publication orders as to identity of complainants...