R v Warner (a pseudonym) [2020] NSWDC 575

R v Warner (a pseudonym) [2020] NSWDC 575

Taking into account the offender's age at the time of offending, the delay in proceedings, his otherwise good character, low risk of reoffending, and the low objective seriousness of the assaults, it is expedient not to record a conviction and instead to discharge the offender on Conditional Release Orders with conditions.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Criminal / Sentence
Outcome
Discharged on Conditional Release Order without conviction for 3 counts of aggravated indecent assault.
Legal Topics
['aggravated Indecent Assault of a Child' 'sexual Offences' 'sentencing' 'child Protection' 'statutory Interpretation']
['criminal Law'] ['aggravated Indecent Assault of a Child' 'sexual Offences' 'sentencing' 'child Protection' 'statutory Interpretation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated indecent assault committed by a child who is now an adult?' "Is a conviction required given the offender's age at the time of offending?" 'Should the offender be declared a registerable person under the Child Protection (Offenders Registration) Act 2000?']

Ratio Decidendi

Taking into account the offender's age at the time of offending, the delay in proceedings, his otherwise good character, low risk of reoffending, and the low objective seriousness of the assaults, it is expedient not to record a conviction and instead to discharge the offender on Conditional Release Orders with conditions.

Court Disposition

Discharged on Conditional Release Order without conviction for 3 counts of aggravated indecent assault.

Orders

  • ['Findings of guilt for counts 5, 10 and 11.' 'Count 5: Discharge without conviction on Conditional Release order for 9 months.' 'Count 10 and 11: Discharge without conviction on Conditional Release order for 1 year 6 months each.' 'Standard conditions: offender must not commit any offence and must appear before...