R v Fenwick, Adam [2009] NSWDC 195

R v Fenwick, Adam [2009] NSWDC 195

Although the relationship was committed and non-predatory, the offender's knowledge of the law and breach of bail conditions, combined with the protective purpose of the legislation and the complainant's immaturity, require sentencing. However, the total objective criminality of the offences is at the lower end of the range. Conditional bail under s 11 is granted to allow rehabilitation rather than further incarceration.

Parties
Prosecution: Regina; Defendant: Adam Peter Fenwick
Jurisdiction
Australia
Judgment Date
29 May 2009
Procedural Posture
Criminal / Sentencing Decision
Outcome
conditional s.11 bail granted
Legal Topics
Sexual Offences, Sentencing, Bail, Protection of Minors
Criminal Law Sexual Offences Sentencing Bail Protection of Minors

Case Brief

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Parties

Regina

Prosecution

Adam Peter Fenwick

Defendant

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Sentencing for seven counts of sexual intercourse with person aged 14 but under 16
  2. 2 Assessing objective and subjective criminality
  3. 3 Applicability and conditions of s.11 bail

Ratio Decidendi

Although the relationship was committed and non-predatory, the offender's knowledge of the law and breach of bail conditions, combined with the protective purpose of the legislation and the complainant's immaturity, require sentencing. However, the total objective criminality of the offences is at the lower end of the range. Conditional bail under s 11 is granted to allow rehabilitation rather than further incarceration.

Court Disposition

conditional s.11 bail granted

Orders

  • Offender to be of good behaviour for nine months
  • Offender to abstain from all alcoholic beverages