R v Gillard [2011] NSWDC 246

R v Gillard [2011] NSWDC 246

The offences were serious breaches of trust by a babysitter involving sexual offending against young boys, aggravated by grooming, repeated conduct and serious impact on the victims, but delay, the sentencing pattern at the time of the offending, guilty pleas, totality, good rehabilitation prospects and the offender's circumstances justified concurrent sentences with a 25 per cent utilitarian discount and non-parole periods set by reference to the older sentencing regime.

Jurisdiction
Australia
Judgment Date
11 November 2011
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
The offender was convicted and sentenced to concurrent terms of imprisonment with non-parole periods.
Legal Topics
['child Sexual Offences' 'sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'indecent Acts' 'form 1 Matters' 'delay in Sentencing' 'totality' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'indecent Acts' 'form 1 Matters' 'delay in Sentencing' 'totality' 'guilty Plea Discount' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective criminality of sexual offences committed against two child complainants between 1984 and 1988.' 'Treatment of delay of more than twenty-three years between the offending and sentence, including changes in sentencing practice.' "Allowance for the offender's guilty pleas and Form 1 matters." 'Assessment of totality, concurrency, non-parole periods, rehabilitation prospects, deterrence and community protection.']

Ratio Decidendi

The offences were serious breaches of trust by a babysitter involving sexual offending against young boys, aggravated by grooming, repeated conduct and serious impact on the victims, but delay, the sentencing pattern at the time of the offending, guilty pleas, totality, good rehabilitation prospects and the offender's circumstances justified concurrent sentences with a 25 per cent utilitarian discount and non-parole periods set by reference to the older sentencing regime.

Court Disposition

The offender was convicted and sentenced to concurrent terms of imprisonment with non-parole periods.

Orders

  • ['There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants.' 'The offender is convicted of all four offences before the Court.' 'For attempting to have sexual intercourse with SB without his consent between 26 August 1984 and 26 August 1985 at...