R v Austin [2020] NSWDC 451

R v Austin [2020] NSWDC 451

Given the offender's early plea of guilty, objective seriousness toward the lower end, low risk of reoffending, and circumstances of the offence, a term of 16 months imprisonment with a non-parole period of 12 months was appropriate.

Parties
Prosecutor: Director Public Prosecutions (NSW); Offender: Andrew Austin (Offender)
Jurisdiction
Australia
Judgment Date
13 August 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Act of Indecency, Sentence, Early Plea of Guilty
Criminal Law Act of Indecency Sentence Early Plea of Guilty

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Parties

Director Public Prosecutions (NSW)

Prosecutor

Andrew Austin (Offender)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for act of indecency against a child under s 61M(2) of the Crimes Act 1900 (NSW)
  2. 2 Consideration of aggravating and mitigating factors in sentencing for child sexual offences

Ratio Decidendi

Given the offender's early plea of guilty, objective seriousness toward the lower end, low risk of reoffending, and circumstances of the offence, a term of 16 months imprisonment with a non-parole period of 12 months was appropriate.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • 16 months imprisonment commencing on 26 August 2019
  • Non-parole period of 12 months, expiring on 25 August 2020