R v MS (No 2) [2020] NSWDC 772

R v MS (No 2) [2020] NSWDC 772

The offending falls just above the mid-range of objective gravity for offences of this nature. There is significant overlap between abuse of trust and abuse of authority in this case, such that finding a separate breach of trust would result in double counting. The sentence must reflect community abhorrence and serve general deterrence, with special circumstances warranting deviation from the statutory ratio.

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for 6 years with a non-parole period of 4 years.
Legal Topics
['aggravated Sexual Intercourse' 'child Sexual Offences' 'sentencing' 'breach of Trust' 'abuse of Authority' 'general Deterrence']
['criminal Law'] ['aggravated Sexual Intercourse' 'child Sexual Offences' 'sentencing' 'breach of Trust' 'abuse of Authority' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether abuse of trust and abuse of authority are different concepts' 'Whether abuse of trust can be an aggravating factor when abuse of authority is an element of the offence' 'Determination of objective seriousness of the offending' 'Appropriateness of general deterrence in sentencing' 'Identification of special circumstances for deviation from statutory ratio']

Ratio Decidendi

The offending falls just above the mid-range of objective gravity for offences of this nature. There is significant overlap between abuse of trust and abuse of authority in this case, such that finding a separate breach of trust would result in double counting. The sentence must reflect community abhorrence and serve general deterrence, with special circumstances warranting deviation from the statutory ratio.

Court Disposition

Offender sentenced to imprisonment for 6 years with a non-parole period of 4 years.

Orders

  • ['Sentence of imprisonment for 6 years, backdated to 19 September 2018.' 'Non-parole period of 4 years, expiring 18 September 2022.' 'Head sentence expires 18 September 2024.']