R v Mollel [2017] NSWDC 36

R v Mollel [2017] NSWDC 36

The offences involved a breach of trust as the offender was regarded by the victim as a trusted family friend. The offending was spontaneous, lacking violence, and of short duration. Sentences were imposed within the mid-range of objective seriousness, with concurrent terms and special circumstances found due to first time in custody and likely isolation.

Parties
Crown: Regina; Offender: Mr Peter Mollel
Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Criminal / Sentencing After Verdict
Outcome
Offender convicted on two counts of aggravated indecent assault; sentenced to 3 years imprisonment on Count 1 (no non-parole period), and 4 years minimum plus 2 years additional imprisonment on Count 3 (non-parole period of 4 years), sentences to be served concurrently.
Legal Topics
Aggravated Indecent Assault, Sentencing Principles, Breach of Trust, Objective Seriousness, Special Circumstances
Criminal Law Aggravated Indecent Assault Sentencing Principles Breach of Trust Objective Seriousness Special Circumstances

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Parties

Regina

Crown

Mr Peter Mollel

Offender

Procedural Posture

Criminal / Sentencing After Verdict

Legal Issues

  1. 1 Whether the offence involved a breach of trust
  2. 2 Assessment of objective seriousness for aggravated indecent assault
  3. 3 Consideration of subjective factors including prior good character, likelihood of reoffending, and special circumstances

Ratio Decidendi

The offences involved a breach of trust as the offender was regarded by the victim as a trusted family friend. The offending was spontaneous, lacking violence, and of short duration. Sentences were imposed within the mid-range of objective seriousness, with concurrent terms and special circumstances found due to first time in custody and likely isolation.

Court Disposition

Offender convicted on two counts of aggravated indecent assault; sentenced to 3 years imprisonment on Count 1 (no non-parole period), and 4 years minimum plus 2 years additional imprisonment on Count 3 (non-parole period of 4 years), sentences to be served concurrently.

Orders

  • On Count 1, offender convicted and sentenced to imprisonment of 3 years, commencing 3 September 2016 and expiring 2 September 2019, no non-parole period set.
  • On Count 3, offender convicted and sentenced to minimum term of 4 years and additional term of 2 years, commencing 3 September 2016 and expiring 2 September 2022, non-parole period expires 2 September 2020.