R v Husan Hasanovic [2020] NSWDC 40

R v Husan Hasanovic [2020] NSWDC 40

Taking into account the serious nature of the offence, age disparity, penetrative conduct, offender’s criminal history (without prior sexual offending), genuine remorse, early plea of guilty, and need for extended supervision due to alcohol/substance abuse, the appropriate sentence is an overall term of imprisonment...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
['child Sex Offences' 'sentencing' 'sexual Intercourse With Child Between 10 and 14' 'discount for Guilty Plea']
['criminal Law'] ['child Sex Offences' 'sentencing' 'sexual Intercourse With Child Between 10 and 14' 'discount for Guilty Plea']

Source-derived case record

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse with child between 10 and 14 years under s 66C(1) Crimes Act 1900' 'Assessment of offender’s risk of reoffending and prospects of rehabilitation' 'Application of early guilty plea discount' 'Consideration of objective and subjective criminality']

Ratio Decidendi

Taking into account the serious nature of the offence, age disparity, penetrative conduct, offender’s criminal history (without prior sexual offending), genuine remorse, early plea of guilty, and need for extended supervision due to alcohol/substance abuse, the appropriate sentence is an overall term of imprisonment of 2 years and 6 months with a non-parole period of 18 months and parole period of 12 months, as special circumstances were found.

Court Disposition

conviction and custodial sentence

Orders

  • ['The offender is convicted.' 'He is sentenced to a non-parole period of 18 months, commencing 27 February 2019, expiring 26 August 2020, with parole thereafter of 12 months, commencing 27 August 2020, expiring 26 August 2021, for an overall term of imprisonment of two years and six months commencing 27 February...