R v PH [2023] NSWDC 462

R v PH [2023] NSWDC 462

The proceedings commenced when the offender was arrested and charged on 17 December 2021, before commencement of the Crimes (Sentencing Procedure) Amendment Act 2022 amendments, so s 21B and s 67(2)(g) of the Crimes (Sentencing Procedure) Act 1999 did not apply and an Intensive Correction Order remained available. Applying s 25AA(1), the sentencing purposes and factors in ss 3A and 21A, the Form 1 principles, the offender's guilty plea discount, the seriousness of digital penetration of a young child, and the significant mitigating effect of the offender's mental condition, immaturity, treatment, remorse, rehabilitation and very low risk of reoffending, an aggregate sentence of...

Jurisdiction
Australia
Judgment Date
23 October 2023
Procedural Posture
Criminal Sentencing for Sexual Offences After Guilty Pleas / Sentence
Outcome
PH was convicted and sentenced to an aggregate term of imprisonment of 2 years and 9 months, to be served by way of an Intensive Correction Order commencing 23 October 2023 and expiring 22 July 2026.
Legal Topics
['sexual Offences Against Children' 'act of Indecency' 'form 1 Offences' 'intensive Correction Order' 'current Sentencing Patterns and Practices' 'crimes (sentencing Procedure) Amendment Act 2022 Transitional Provisions']
['criminal Law' 'sentencing'] ['sexual Offences Against Children' 'act of Indecency' 'form 1 Offences' 'intensive Correction Order' 'current Sentencing Patterns and Practices' 'crimes (sentencing Procedure) Amendment Act 2022 Transitional Provisions']

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Procedural Posture

Criminal Sentencing for Sexual Offences After Guilty Pleas / Sentence

Legal Issues

  1. 1 ['Whether the Crimes (Sentencing Procedure) Amendment Act 2022 applied to the proceedings, including whether s 21B and s 67(2)(g) of the Crimes (Sentencing Procedure) Act 1999 applied.' 'Whether proceedings commenced when the offender was arrested and charged in the Local Court or when sentence proceedings commenced in the District Court.' 'Whether s 25AA(1) of the Crimes (Sentencing Procedure) Act 1999, as in force before the amendments, required sentence according to current sentencing patterns and practices.' 'Whether an Intensive Correction Order was an available and appropriate sentencing option.' 'The objective seriousness of the two offences and the relevance of the Form 1 offences, aggravating factors, mitigating factors, remorse, rehabilitation, and risk of reoffending.']

Ratio Decidendi

The proceedings commenced when the offender was arrested and charged on 17 December 2021, before commencement of the Crimes (Sentencing Procedure) Amendment Act 2022 amendments, so s 21B and s 67(2)(g) of the Crimes (Sentencing Procedure) Act 1999 did not apply and an Intensive Correction Order remained available. Applying s 25AA(1), the sentencing purposes and factors in ss 3A and 21A, the Form 1 principles, the offender's guilty plea discount, the seriousness of digital penetration of a young child, and the significant mitigating effect of the offender's mental condition, immaturity, treatment, remorse, rehabilitation and very low risk of reoffending, an aggregate sentence of...

Court Disposition

PH was convicted and sentenced to an aggregate term of imprisonment of 2 years and 9 months, to be served by way of an Intensive Correction Order commencing 23 October 2023 and expiring 22 July 2026.

Orders

  • ['PH is convicted.' 'I impose an aggregate sentence of 2 years and 9 months.' 'Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (23 October 2023) and expire on 22 July 2026.' 'The offender must report to Community...