R v Reed (a pseudonym) [2022] NSWDC 714

R v Reed (a pseudonym) [2022] NSWDC 714

Given the objective seriousness of the offences, the degree of physical contact, the breach of trust as stepfather to the child, and the guidance from legislative maximum penalties and standard non-parole periods, an aggregate sentence of 6 years 6 months imprisonment with a non-parole period of 4 years is appropriate, reflecting special circumstances and the need for denunciation, deterrence, and protection of children.

Jurisdiction
Australia
Judgment Date
18 November 2022
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to an aggregate sentence of 6 years 6 months imprisonment with a non-parole period of 4 years.
Legal Topics
['child Sexual Offences' 'sentencing' 'aggravated Sexual Intercourse' 'breach of Trust']
['criminal Law'] ['child Sexual Offences' 'sentencing' 'aggravated Sexual Intercourse' 'breach of Trust']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for intentionally sexually touching a child aged between 10 and 16 and aggravated sexual intercourse with a child aged between 10 and 14' 'Assessment of objective seriousness and impact of breach of trust in sentencing']

Ratio Decidendi

Given the objective seriousness of the offences, the degree of physical contact, the breach of trust as stepfather to the child, and the guidance from legislative maximum penalties and standard non-parole periods, an aggregate sentence of 6 years 6 months imprisonment with a non-parole period of 4 years is appropriate, reflecting special circumstances and the need for denunciation, deterrence, and protection of children.

Court Disposition

Offender sentenced to an aggregate sentence of 6 years 6 months imprisonment with a non-parole period of 4 years.

Orders

  • ["For intentionally sexually touching a child: 2 years' imprisonment." "For aggravated sexual intercourse with a child: 5 years 6 months' imprisonment with a non-parole period of 3 years 6 months." "Aggregate sentence: 6 years 6 months' imprisonment, non-parole period of 4 years." 'Non-parole period commences 30...