R v JJ [2019] NSWDC 27

R v JJ [2019] NSWDC 27

JJ was sentenced for aggravated sexual intercourse without consent because the offence involved a victim under 16, included violence, threats, and occurred in her home and bedroom; JJ showed no remorse and had guarded prospects for rehabilitation, justifying a substantial custodial sentence with a 9-year non parole period out of 12 years.

Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to 12 years imprisonment with a non parole period of 9 years.
Legal Topics
['aggravated Sexual Assault' 'sexual Intercourse Without Consent' 'victim Under 16 Years']
['criminal Law'] ['aggravated Sexual Assault' 'sexual Intercourse Without Consent' 'victim Under 16 Years']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether JJ should be sentenced for aggravated sexual intercourse without consent committed against a victim under the age of 16 years']

Ratio Decidendi

JJ was sentenced for aggravated sexual intercourse without consent because the offence involved a victim under 16, included violence, threats, and occurred in her home and bedroom; JJ showed no remorse and had guarded prospects for rehabilitation, justifying a substantial custodial sentence with a 9-year non parole period out of 12 years.

Court Disposition

Offender sentenced to 12 years imprisonment with a non parole period of 9 years.

Orders

  • ['JJ is sentenced to a term of imprisonment of 12 years for aggravated sexual intercourse without consent.' 'Non parole period of 9 years fixed from 12 October 2018 to 11 October 2027.' 'Balance of 3 years fixed from 12 October 2027 to 11 October 2030.']