R v WHIDDON [2024] NSWDC 450

R v WHIDDON [2024] NSWDC 450

Given the offender's lack of prior offending, positive character, genuine remorse at the time, and favourable prospects of rehabilitation, the court found that the s.5 threshold for imprisonment was not met and imposed a community correction order for 3 years.

Parties
Prosecution: Rex; Defendant: Andrew Robert Whiddon
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Criminal / Sentence After Trial
Outcome
community correction order imposed
Legal Topics
Sentencing, Community Correction Order, Indecent Assault
Criminal Law Sentencing Community Correction Order Indecent Assault

Case Brief

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Parties

Rex

Prosecution

Andrew Robert Whiddon

Defendant

Procedural Posture

Criminal / Sentence After Trial

Legal Issues

  1. 1 determination of sentence for indecent assault under s.61L Crimes Act 1900 (NSW)

Ratio Decidendi

Given the offender's lack of prior offending, positive character, genuine remorse at the time, and favourable prospects of rehabilitation, the court found that the s.5 threshold for imprisonment was not met and imposed a community correction order for 3 years.

Court Disposition

community correction order imposed

Orders

  • Offender to comply with a community correction order for a period of 3 years.
  • Conditions: not commit any offence, appear before the court if called, submit to supervision by Community Corrections, undertake programs as nominated arising from sex offender supervision assessment.