R v Rawat [2023] NSWDC 589

R v Rawat [2023] NSWDC 589

Although the offender had good character, pleaded guilty, showed remorse and was unlikely to reoffend, the offence was a serious, forceful and intrusive example of sexual touching involving removal of clothing and ejaculation without consent. Community safety, victim vindication, retribution and general deterrence would not be sufficiently served by an Intensive Correction Order, so a full-time custodial sentence was required, reduced for the guilty plea and special circumstances.

Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was sentenced to full-time imprisonment for 1 year and 10 months with a non-parole period of 11 months.
Legal Topics
['sexual Touching' 'imprisonment' 'intensive Correction Order' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'good Character' 'special Circumstances']
['criminal Law' 'sentencing'] ['sexual Touching' 'imprisonment' 'intensive Correction Order' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'good Character' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for sexual touching contrary to s 61KC(a) Crimes Act 1900 (NSW).' 'Whether the custodial sentence, if less than two years, should be served in the community by way of an Intensive Correction Order.' 'Whether community safety, denunciation, retribution, general deterrence and victim vindication required full-time custody.']

Ratio Decidendi

Although the offender had good character, pleaded guilty, showed remorse and was unlikely to reoffend, the offence was a serious, forceful and intrusive example of sexual touching involving removal of clothing and ejaculation without consent. Community safety, victim vindication, retribution and general deterrence would not be sufficiently served by an Intensive Correction Order, so a full-time custodial sentence was required, reduced for the guilty plea and special circumstances.

Court Disposition

The offender was sentenced to full-time imprisonment for 1 year and 10 months with a non-parole period of 11 months.

Orders

  • ['Sentence of imprisonment for 1 year and 10 months.' 'Non-parole period of 11 months.' 'Sentence commenced on 22 August 2023.' 'Release to parole on 21 July 2024.' 'Parole period of 11 months subject to supervision of the parole service.' 'Total sentence expiry was stated inconsistently as 21 July 2025 and 21 June...